REQUEST FOR PROPOSALS (RFP) Children’s Trust Fund · PDF file ·...

STATE PURCHASING DIVISION OF THE

GENERAL SERVICES DEPARTMENT AND

CHILDREN, YOUTH AND FAMILIES DEPARTMENT

REQUEST FOR PROPOSALS (RFP)

Children’s Trust Fund Innovative Community Based Programs Primary/Secondary Child Abuse Neglect

Prevention and Treatment

RFP#

60-690-15-13274

Issue Date: December 4, 2015

Proposal Due Date: January 15, 2016 at 3:00 pm MT

CHILDREN YOUTH AND FAMILIES DEPARTMENT VISION AND MISSION STATEMENT

Vision

The Children, Youth and Families Department (CYFD) partners with communities to strengthen families in New Mexico to be productive and self-sufficient.

Mission

CYFD believes in the strengths and resiliency of families who are our partners and for whom we advocate to enhance their safety and well-being. We respectfully serve and support children and families and supervise youth in a responsive, community-based system of care that is client-centered, family-focused and culturally competent.

Principles

CYFD believes that children and families should receive:

• Services that promote and build individual strengths; • Early identification and intervention services to address problems as they emerge; • Access to a comprehensive array of services that are individualized, community-based

and, whenever possible, in-home, to meet the unique needs and potential of each child and family;

• Full participation and choice in all aspects in the planning and delivery of services; • Services that are provided in the least restrictive setting and most normative environment

and are integrated and linked, both within CYFD and with other child-serving agencies; and which use peers, family and natural resources;

• Culturally competent services delivered without regard to race, ethnicity, religion, national origin, gender, sexual orientation, or disability;

• The most effective services that are based on evidence or promising or emerging practices, to achieve positive outcomes; and

• Services that ensure smooth transactions to adult service systems.

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CHILDREN YOUTH AND FAMILIES DEPARTMENT .............................................................................................................. ii

I. INTRODUCTION .................................................................................................................................................. 1

A. PURPOSE OF THIS REQUEST FOR PROPOSALS ............................................................................................ 1 B. BACKGROUND INFORMATION .................................................................................................................... 1 C. ELIGIBILITY .................................................................................................................................................. 1 D. SCOPE OF PROCUREMENT .......................................................................................................................... 3 E. PROCUREMENT MANAGER......................................................................................................................... 3 F. DEFINITION OF TERMINOLOGY................................................................................................................... 4 G. PROCUREMENT LIBRARY ............................................................................................................................ 8

II. CONDITIONS GOVERNING THE PROCUREMENT ................................................................................................. 9

A. SEQUENCE OF EVENTS ..................................................................................................................................... 9 B. EXPLANATION OF EVENTS ............................................................................................................................... 9

1. Issuance of RFP ........................................................................................................................................... 9 2. Acknowledgement of Receipt ..................................................................................................................... 9 3. Pre-Proposal Conference .......................................................................................................................... 10 4. Deadline to Submit Written Questions ..................................................................................................... 10 5. Response to Written Questions ................................................................................................................ 11 6. Submission of Proposal ............................................................................................................................. 11 7. Proposal Evaluation .................................................................................................................................. 11 8. Selection of Finalists ................................................................................................................................. 12 9. Best and Final Offers ................................................................................................................................. 12 10. Finalize Contractual Agreements .............................................................................................................. 12 11. Contract Awards ....................................................................................................................................... 12 12. Protest Deadline ....................................................................................................................................... 12

C. GENERAL REQUIREMENTS ............................................................................................................................. 13 1. Acceptance of Conditions Governing the Procurement ............................................................................ 13 2. Incurring Cost ............................................................................................................................................ 13 3. Prime Contractor Responsibility ............................................................................................................... 13 4. Subcontractors/Consent ........................................................................................................................... 13 5. Amended Proposals .................................................................................................................................. 13 6. Offeror’s Rights to Withdraw Proposal ..................................................................................................... 14 7. Proposal Offer Firm ................................................................................................................................... 14 8. Disclosure of Proposal Contents ............................................................................................................... 14 9. No Obligation ............................................................................................................................................ 14 10. Termination .............................................................................................................................................. 15 11. Sufficient Appropriation ............................................................................................................................ 15 12. Legal Review ............................................................................................................................................. 15 13. Governing Law .......................................................................................................................................... 15 14. Basis for Proposal ..................................................................................................................................... 15 15. Contract Terms and Conditions ................................................................................................................ 15 16. Offeror’s Terms and Conditions ................................................................................................................ 16 17. Contract Deviations .................................................................................................................................. 16 18. Offeror Qualifications ............................................................................................................................... 16 19. Right to Waive Minor Irregularities .......................................................................................................... 16 20. Change in Contractor Representatives ..................................................................................................... 16 21. Notice of Penalties .................................................................................................................................... 17 22. Agency Rights ........................................................................................................................................... 17 23. Right to Publish ......................................................................................................................................... 17 24. Ownership of Proposals ............................................................................................................................ 17 25. Confidentiality .......................................................................................................................................... 17

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26. Electronic mail address required .............................................................................................................. 17 27. Use of Electronic Versions of this RFP ....................................................................................................... 17 28. New Mexico Employees Health Coverage ................................................................................................ 18 29. Campaign Contribution Disclosure Form .................................................................................................. 18 30. Letter of Transmittal ................................................................................................................................. 18 31. Pay Equity Reporting Requirements ......................................................................................................... 19 32. Disclosure Regarding Responsibility ......................................................................................................... 19 33. New Mexico Preferences .......................................................................................................................... 21

III. RESPONSE FORMAT AND ORGANIZATION ...................................................................................................... 22

A. NUMBER OF RESPONSES ............................................................................................................................... 22 B. NUMBER OF COPIES ...................................................................................................................................... 22 C. PROPOSAL FORMAT ...................................................................................................................................... 24

IV. SPECIFICATIONS .............................................................................................................................................. 26

A. DETAILED SCOPE OF WORK ........................................................................................................................... 26 B. MANDATORY SPECIFICATIONS – PROPOSAL NARRATIVE .................................................................................... 29 C. BUSINESS SPECIFICATIONS ............................................................................................................................ 31

V. EVALUATION ................................................................................................................................................... 34

A. EVALUATION POINT SUMMARY .................................................................................................................... 34 B. EVALUATION FACTORS .................................................................................................................................. 34 C. EVALUATION PROCESS .................................................................................................................................. 38

APPENDIX A ......................................................................................................................................................... 40

APPENDIX B ......................................................................................................................................................... 42

APPENDIX C ......................................................................................................................................................... 46

APPENDIX D ......................................................................................................................................................... 68

APPENDIX E ......................................................................................................................................................... 70

APPENDIX F ......................................................................................................................................................... 73

APPENDIX G ......................................................................................................................................................... 75

APPENDIX H ......................................................................................................................................................... 78

APPENDIX I .......................................................................................................................................................... 79

APPENDIX J .......................................................................................................................................................... 80

APPENDIX K ......................................................................................................................................................... 82

APPENDIX L .......................................................................................................................................................... 84

APPENDIX M ........................................................................................................................................................ 86

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I. INTRODUCTION A. PURPOSE OF THIS REQUEST FOR PROPOSALS

The purpose of the Request for Proposal (RFP) is to solicit sealed proposals to establish a contract through competitive negotiations for the procurement of innovative children’s projects and programs that address one or more of the following:

• prevent abuse and neglect of children; • provide medical, psychological and other appropriate treatment for children who are

victims of abuse or neglect; and • develop community-based services aimed at the prevention and treatment of child abuse

and neglect. The mission of the Children's Trust Fund of New Mexico (CTF) is to provide funding and support for the development of innovative community-based programs that focus on primary and secondary child abuse and neglect prevention and treatment throughout the State. Funding from the Children’s Trust Fund is to be used by contractors to initiate and develop new, distinctive and sustainable programs through best practices. The target population of the Children’s Trust Fund is infants, toddlers and children through adolescence and their families who are at risk for abuse, neglect, or exploitation. B. BACKGROUND INFORMATION

The Children’s Trust Fund Act was created in 1978, [24-19-1 NMSA 1978] and is a statewide resource that advocates for and educates about the prevention of child abuse and neglect, and provides the means to develop innovative children’s projects and programs. C. ELIGIBILITY

Eligible applicants shall be a public/private nonprofit corporation 501(c) (3); a government agency including public schools, tribal units and institutions of higher education; a not-for-profit community-based organization; or a New Mexico For-Profit Corporation. Collaborative entities and coalitions may also be considered for funding. The Children’s Trust Fund Board (CTF Board) has adopted the Children’s Trust Fund State Statute, Chapter 24-Health and Safety, Article 19, the CYFD Administrative Standards that include the CYFD background checks, and the CTF Standards to be used by all Contractors funded by the CTF. All Offerors must demonstrate the willingness and ability provide innovative community-based primary and secondary child abuse and neglect prevention programs and services as described below:

Children, Youth and Families Department Protective Services Division

Children’s Trust Fund Innovative Community Based Programs Primary/

Secondary Child Abuse Neglect Prevention and Treatment 60-690-15-13274

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1. Primary Prevention / Promotion Primary Prevention/Promotion is described as initiating actions and efforts to prevent child abuse from happening before it occurs. The key aspects of Primary Prevention/Promotion efforts are as follows:

It is offered to all members of a population; It is offered as a voluntary service; It attempts to influence societal forces that affect children and parents, caregivers and

all who interact with children; It contains a component that focuses on education and training; It seeks to promote positive family functioning rather than just preventing problems. Examples of Primary Prevention/Promotion services are educational services in

schools; prenatal and parenting classes; public service announcements; support services and education for new parents, especially teen parents; and life-skills training for children and young adults.

2. Secondary Prevention

Secondary Prevention is described as initiating actions and efforts to prevent child abuse when certain "risk" factors or warning signals appear. The key aspects of Secondary Prevention efforts are as follows:

It is offered to a predefined group of "at risk" individuals; It is offered as a voluntary service; It is more problem-focused than Primary Prevention/Promotion; It contains a component that focuses on education and training; It seeks to prevent future parenting problems by focusing on identified parents,

guardians or caregivers. Examples of Secondary Prevention efforts include support services for teen parents;

services for parents of infants with specific problems; services for families with identifiable stress; self-help services and other neighborhood support services; latchkey or child care/after school services; and community organized activities to prevent child abuse or neglect.

3. For the Children’s Trust Fund, “innovation” means

For the Children’s Trust Fund “innovation” means the creation, development and implementation of a new process or service with the aim of improving efficiency, effectiveness or competitive advantage. Innovation may apply to programs, processes and services. The CTF Board further values innovative programs or projects as those services that are unique in design or delivery to the State, city or geographic area, and services that is not currently available within the targeted service area. Examples of innovation can include, but are not limited to:

a) Advanced teaching methods, and/or views on a subject and forward-looking processes; b) Doing or producing something like nothing experienced or created before such as a

forward-thinking program with measurable and identifiable outcomes. c) Examples of specific objectives of innovative programming regarding child abuse and

neglect include, but are not limited to:




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1) Increased awareness of the extent, the causes and possible solutions for all forms of child abuse and neglect;

2) Development of a broad-based, statewide public education campaign aimed at promoting positive parenting behaviors and community support of parents;

3) Disseminated academic and clinical research to those in positions to enhance practice and improve policy;

4) Promising practices, evidence-informed or replicated evidence-based child maltreatment prevention programs across the state. Improved quality of current efforts to detect, treat and prevent child abuse;

5) Facilitated exchange of best practice standards throughout the state; 6) Designed and delivered comprehensive training programs to professionals and

concerned volunteers engaged in efforts to prevent child abuse and neglect; 7) Assessment of the prevalence of maternal depression within the state and the

ability of women to receive effective screening and treatment services for postpartum depression; and

8) Support of efforts in New Mexico to promote and protect the Rights of the Child.

D. SCOPE OF PROCUREMENT The scope of procurement encompasses soliciting applicants to secure statewide innovative community-based programs that focus on primary and secondary child abuse and neglect prevention and treatment. This RFP will result in multiple contractual agreements between two parties (awarded Offeror and CYFD), the procurement may ONLY be used by those two parties exclusively. Funding under this RFP will be awarded for a period of one (1) year with the option to renew for an additional three (3) years on an annual basis approximately from July 1, 2016 through June 30, 2020. In no case will this contract, including all renewals thereof, exceed a total of four (4) years in duration , as set forth in NMSA 1978, § 13-1-150. Continuation of each contract awarded as a result of this RFP is contingent upon the annual appropriation by the New Mexico Legislature or other funding sources for the period of this RFP, and satisfactory contract compliance as determined by CYFD, and the Contractor’s ability to successfully provide services. Should contract non-compliance be determined, the contract may be terminated or amended.

• Funding is subject to current and future appropriations from the New Mexico legislature and other funding sources for the period of this RFP. No guarantee is made or implied by the State of New Mexico or CYFD that the amount allocated to this RFP will result in multiple contracts equal to that amount.

E. PROCUREMENT MANAGER

1. The Children, Youth and Families Department has assigned a Procurement Manager who is

responsible for the conduct of this procurement whose name, address, telephone number and e-mail address are listed below:




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Name: Michelle Taylor, Procurement Manager Address: 1120 Paseo de Peralta PERA Building, Room 101 Santa Fe, NM 87501 Telephone: (505) 827-4039 Fax: (505) 827-4331 Email: [email protected]

2. All deliveries of responses via express carrier must be addressed as follows: Name: Michelle Taylor, Procurement Manager c/o Angelica Lopez

Reference RFP Name: 60-690-15-13274 Children’s Trust Fund

Innovative Community Based Programs Primary/ Secondary Child Abuse Neglect Prevention and Treatment

Address: State Purchasing Division 1100 St. Francis Dr. Room 2016 Santa Fe, New Mexico 87505

3. Any inquiries or requests regarding this procurement should be submitted, in writing, to the Procurement Manager. Offerors may contact ONLY the Procurement Manager regarding this procurement. Other state employees or Evaluation Committee members do not have the authority to respond on behalf of the Agency. Protests of the solicitation or award must be delivered by mail to the Protest Manager. As A Protest Manager has been named in this Request for Proposals, pursuant to NMSA 1978, § 13-1-172, ONLY protests delivered directly to the Protest Manager in writing and in a timely fashion will be considered to have been submitted properly and in accordance with statute, rule and this Request for Proposals. Emailed protests will not be considered as properly submitted nor will protests delivered to the Procurement Manager be considered properly submitted.

F. DEFINITION OF TERMINOLOGY

This section contains definitions of terms used throughout this procurement document, including appropriate abbreviations: “Agency” means the Children, Youth and Families Department sponsoring the Procurement action.




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“Authorized Purchaser” means an individual authorized by a Participating Entity to place orders against this contract. “Award” means the final execution of the contract document. “Business Hours” means 8:00 AM thru 5:00 PM Mountain Standard or Mountain Daylight Time, whichever is in effect on the date given. “Close of Business” means 5:00 PM Mountain Standard or Daylight Time, whichever is in use at that time. “Confidential” means confidential financial information concerning offeror’s organization and data that qualifies as a trade secret in accordance with the Uniform Trade Secrets Act NMSA 1978 57-3-A-1 to 57-3A-7. See NMAC 1.4.1.45. As one example, no information that could be obtained from a source outside this request for proposals can be considered confidential information. “Contract" means any agreement for the procurement of items of tangible personal property, services or construction. “Contractor" means any business having a contract with a state agency or local public body. “Determination" means the written documentation of a decision of a procurement officer including findings of fact required to support a decision. A determination becomes part of the procurement file to which it pertains. “Desirable" the terms "may", "can", "should", "preferably", or "prefers" identify a desirable or discretionary item or factor. “Electronic Version/Copy” means a digital form consisting of text, images or both readable on computers or other electronic devices that includes all content that the Original and Hard Copy proposals contain. The digital form may be submitted using a compact disc (cd) or USB flash drive. The electronic version/copy can NOT be emailed. “Evaluation Committee" means a body appointed to perform the evaluation of Offerors’ proposals. “Evaluation Committee Report" means a report prepared by the Procurement Manager and the Evaluation Committee for contract award. It will contain written determinations resulting from the procurement. “Finalist” means an Offeror who meets all the mandatory specifications of this Request for Proposals and whose score on evaluation factors is sufficiently high to merit further consideration by the Evaluation Committee.




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“Hourly Rate” means the proposed fully loaded maximum hourly rates that include travel, per diem, fringe benefits and any overhead costs for contractor personnel, as well as subcontractor personnel if appropriate. “IT” means Information Technology. “Mandatory" – the terms "must", "shall", "will", "is required", or "are required", identify a mandatory item or factor. Failure to meet a mandatory item or factor will result in the rejection of the Offeror’s proposal. “Minor Technical Irregularities” means anything in the proposal that does not affect the price quality and quantity or any other mandatory requirement. “Multiple Source Award" means an award of an indefinite quantity contract for one or more similar services, items of tangible personal property or construction to more than one Offeror. “Offeror" is any person, corporation, or partnership who chooses to submit a proposal. “Price Agreement" means a definite quantity contract or indefinite quantity contract which requires the contractor to furnish items of tangible personal property, services or construction to a state agency or a local public body which issues a purchase order, if the purchase order is within the quantity limitations of the contract, if any. “Procurement Manager” means any person or designee authorized by a state agency or local public body to enter into or administer contracts and make written determinations with respect thereto. “Procuring Agency" means all State of New Mexico agencies, commissions, institutions, political subdivisions and local public bodies allowed by law to entertain procurements. “Project” means a temporary process undertaken to solve a well-defined goal or objective with clearly defined start and end times, a set of clearly defined tasks, and a budget. The project terminates once the project scope is achieved and project acceptance is given by the project executive sponsor. “Redacted” means a version/copy of the proposal with the information considered confidential as defined by NMAC 1.4.1.45 and defined herein and outlined in Section II.C.8 of this RFP blacked out BUT NOT omitted or removed. “Request for Proposals (RFP)" means all documents, including those attached or incorporated by reference, used for soliciting proposals. “Responsible Offeror" means an Offeror who submits a responsive proposal and who has furnished, when required, information and data to prove that his financial resources, production or




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service facilities, personnel, service reputation and experience are adequate to make satisfactory delivery of the services, or items of tangible personal property described in the proposal. “Responsive Offer" or means an offer which conforms in all material respects to the requirements set forth in the request for proposals. Material respects of a request for proposals include, but are not limited to price, quality, quantity or delivery requirements. “Sealed” means, in terms of a non-electronic submission, that the proposal is enclosed in a package which is completely fastened in such a way that nothing can be added or removed. Open packages submitted will not be accepted except for packages that may have been damaged by the delivery service itself. The State reserves the right, however, to accept or reject packages where there may have been damage done by the delivery service itself. Whether a package has been damaged by the delivery service or left unfastened and should or should not be accepted is a determination to be made by the Procurement Manager. By submitting a proposal, the Offeror agrees to and concurs with this process and accepts the determination of the Procurement Manager in such cases. “SPD” means State Purchasing Division of the New Mexico State General Services Department. “Staff" means any individual who is a full-time, part-time, or an independently contracted employee with the Offerors’ company. “State (the State)” means the State of New Mexico. “State Agency” means any department, commission, council, board, committee, institution, legislative body, agency, government corporation, educational institution or official of the executive, legislative or judicial branch of the government of this state. “State agency” includes the purchasing division of the general services department and the state purchasing agent but does not include local public bodies. “State Purchasing Agent” means the director of the purchasing division of the general services department. “Statement of Concurrence” means an affirmative statement from the Offeror to the required specification agreeing to comply and concur with the stated requirement(s). This statement shall be included in Offerors proposal. (E.g. “We concur”, “Understands and Complies”, “Comply”, “Will Comply if Applicable” etc.) “Unredacted” means a version/copy of the proposal containing all complete information including any that the Offeror would otherwise consider confidential, such copy for use only for the purposes of evaluation. “Written” means typewritten on standard 8 ½ x 11 inch paper. Larger paper is permissible for charts, spreadsheets, etc.




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G. PROCUREMENT LIBRARY

A procurement library has been established. Offerors are encouraged to review the material contained in the Procurement Library by selecting the link provided in the electronic version of this document through your own internet connection or by contacting the Procurement Manager and scheduling an appointment. The library contains information listed below: Procurement Regulations and Request for Proposal – RFP instructions: http://www.generalservices.state.nm.us/statepurchasing/ITBs__RFPs_and_Bid_Tabulation.aspx. http://cyfd.org/for-providers/rfp New Mexico Taxation and Revenue Department: http://www.tax.newmexico.gov/Pages/TRD-Homepage.aspx http://www.tax.newmexico.gov/Businesses/Pages/In-StatePreferenceCertification.aspx New Mexico General Services Department – Pay Equity: http://www.generalservices.state.nm.us/statepurchasing/Pay_Equity.aspx Offerors may also visit https://www.childwelfare.gov/preventing website address for materials developed for child abuse prevention programs by various state and federal agencies. By clicking on the 2015 Prevention Resource guide at this website, you will find the latest child abuse prevention program development recommendations.




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http://www.generalservices.state.nm.us/statepurchasing/ITBs__RFPs_and_Bid_Tabulation.aspx

http://cyfd.org/for-providers/rfp

http://www.tax.newmexico.gov/Pages/TRD-Homepage.aspx

http://www.tax.newmexico.gov/Businesses/Pages/In-StatePreferenceCertification.aspx

http://www.generalservices.state.nm.us/statepurchasing/Pay_Equity.aspx

https://www.childwelfare.gov/preventing

II. CONDITIONS GOVERNING THE PROCUREMENT This section of the RFP contains the schedule, description and conditions governing the procurement.

A. SEQUENCE OF EVENTS The Procurement Manager will make every effort to adhere to the following schedule:

Action Responsible Party 1. Issue RFP SPD December 4, 2015 2. Acknowledgement of

Receipt Agency December 18, 2015

3. Pre-Proposal Conference Agency December 18, 2015 4. Deadline to submit Questions

Potential Offerors December 21, 2015

5. Response to Written Questions

Procurement Manager January 5, 2015

6. Submission of Proposal Potential Offerors January 15, 2016 7. Proposal Evaluation Evaluation Committee January 19, 2016 through

February 4, 2016 8. Selection of Finalists Evaluation Committee February 5, 2016 9. Best and Final Offers Finalist Offerors March 10, 2016 10. Finalize Contractual

Agreements Agency/Finalist Offerors

April 7, 2016

11. Contract Awards Agency/ Finalist Offerors

July 1, 2016

12. Protest Deadline Agency +15 days

B. EXPLANATION OF EVENTS The following paragraphs describe the activities listed in the sequence of events shown in Section II. A., above.

1. Issuance of RFP This RFP is being issued on behalf of the New Mexico State Children, Youth and Families Department on December 4, 2015.

2. Acknowledgement of Receipt Potential Offerors should hand deliver, return by email or registered or certified mail the "Acknowledgement of Receipt of Request for Proposals Form" that accompanies this




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document, APPENDIX A, to have their organization placed on the procurement distribution list. The form should be signed by an authorized representative of the organization, dated and returned to the Procurement Manager by 3:00 pm MST or MDT on the date listed in the Sequence of Events. The procurement distribution list will be used for the distribution of written responses to questions. Failure to return the Acknowledgement of Receipt form shall constitute a presumption of receipt and rejection of the RFP, and the potential Offeror’s organization name shall not appear on the distribution list.

3. Pre-Proposal Conference A pre-proposal conference will be held as indicated in the sequence of events beginning at 10:00 am Mountain Time at: Location: Children, Youth and Families Department PERA Building Room 227 1120 Paseo de Peralta Santa Fe, New Mexico 87501 Potential Offeror(s) are encouraged to submit written questions in advance of the conference to the Procurement Manager (see Section I, Paragraph E). The identity of the organization submitting the question(s) will not be revealed. Additional written questions may be submitted at the conference. All written questions will be addressed in writing on the date listed in the Sequence of Events. A public log will be kept of the names of potential Offeror(s) that attended the pre-proposal conference. Attendance at the pre-proposal conference is highly recommended, but not a prerequisite for submission of a proposal. Potential Offerors are encouraged to periodically check the SPD website; http://www.generalservices.state.nm.us/statepurchasing/ITBs__RFPs_and_Bid_Tabulation.aspx for any changes to the pre-proposal conference.

4. Deadline to Submit Written Questions Potential Offerors may submit written questions to the Procurement Manager as to the intent or clarity of this RFP until 3:00 PM Mountain Standard Time/Daylight Time as indicated in the sequence of events. All written questions must be addressed to the Procurement Manager as declared in Section I, Paragraph E. Questions shall be clearly labeled and shall cite the Section(s) in the RFP or other document which form the basis of the question.




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5. Response to Written Questions Written responses to written questions will be distributed as indicated in the sequence of events to all potential Offerors whose organization name appears on the procurement distribution list. An e-mail copy will be sent to all Offeror’s that provide Acknowledgement of Receipt Forms described in II.B.2 before the deadline. Additional copies will be posted to: http://www.generalservices.state.nm.us/statepurchasing/ITBs__RFPs_and_Bid_Tabulation.aspx

6. Submission of Proposal ALL OFFEROR PROPOSALS MUST BE RECEIVED FOR REVIEW AND EVALUATION BY THE PROCUREMENT MANAGER OR DESIGNEE NO LATER THAN 3:00 PM MOUNTAIN STANDARD TIME/DAYLIGHT TIME ON January 15, 2016. Proposals received after this deadline will not be accepted. The date and time of receipt will be recorded on each proposal. Proposals must be addressed and delivered to the Procurement Manager at the address listed in Section I, Paragraph E. Proposals must be sealed and labeled on the outside of the package to clearly indicate that they are in response to the Children’s Trust Fund Innovative Community Based Programs Primary and Secondary Child Abuse Neglect Prevention and Treatment RFP #60-690-15-13274. Proposals submitted by facsimile, or other electronic means other than through the SPD electronic e-procurement system, will not be accepted. A public log will be kept of the names of all Offeror organizations that submitted proposals. Pursuant to NMSA 1978, § 13-1-116, the contents of proposals shall not be disclosed to competing potential Offerors during the negotiation process. The negotiation process is deemed to be in effect until the contract is awarded pursuant to this Request for Proposals. Awarded in this context means the final required state agency signature on the contract(s) resulting from the procurement has been obtained.

7. Proposal Evaluation An Evaluation Committee will perform the evaluation of proposals. This process will take place as indicated in the sequence of events, depending upon the number of proposals received. During this time, the Procurement Manager may initiate discussions with Offerors who submit responsive or potentially responsive proposals for the purpose of clarifying aspects of the proposals. However, proposals may be accepted and evaluated without such discussion. Discussions SHALL NOT be initiated by the Offerors.




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8. Selection of Finalists The Evaluation Committee will select and the Procurement Manager will notify the finalist Offerors as per schedule Section II. A., Sequence of Events or as soon as possible. A schedule for the oral presentation and demonstration will be determined at this time.

9. Best and Final Offers Finalist Offerors may be asked to submit revisions to their proposals for the purpose of obtaining best and final offers by as per schedule Section II. A., Sequence of Events or as soon as possible. Best and final offers may also be clarified and amended at finalist Offeror’s oral presentation and demonstration.

10. Finalize Contractual Agreements Any Contractual agreement(s) resulting from this RFP will be finalized with the most advantageous Offeror(s) as per schedule Section II. A., Sequence of Events or as soon thereafter as possible. This date is subject to change at the discretion of the State Purchasing Division or relevant Agency Procurement office. In the event mutually agreeable terms cannot be reached with the apparent most advantageous Offeror in the time specified, the State reserves the right to finalize a contractual agreement with the next most advantageous Offeror(s) without undertaking a new procurement process.

11. Contract Awards After review of the Evaluation Committee Report and the signed contractual agreement, the Agency Procurement office will award as per the schedule in Section II. A., Sequence of Events or as soon as possible thereafter. This date is subject to change at the discretion of the State Purchasing Division or relevant Agency Procurement office. The contract shall be awarded to the Offeror (or Offerors) whose proposals are most advantageous to the State of New Mexico and the Children, Youth and Families Department taking into consideration the evaluation factors set forth in this RFP. The most advantageous proposal may or may not have received the most points. The award is subject to appropriate Department and State approval.

12. Protest Deadline Any protest by an Offeror must be timely and in conformance with NMSA 1978, § 13-1-172 and applicable procurement regulations. As a Protest Manager has been named in this Request for Proposals, pursuant to NMSA 1978, § 13-1-172, ONLY protests delivered directly to the Protest Manager in writing and in a timely fashion will be considered to have been submitted properly and in accordance with statute, rule and this Request for Proposals. The 15 calendar day protest period shall begin on the day following the award of contracts and will end at 5:00 pm Mountain Standard Time/Daylight Time on the 15th day. Protests must be written and must include the name and address of the protestor and the request for proposal number. It must also contain a statement of the grounds for protest




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including appropriate supporting exhibits and it must specify the ruling requested from the party listed below. The protest must be delivered to:

Lawrence Maxwell State Purchasing Agent

1100 St. Francis Drive, Room 2016 Santa Fe, NM

87502

Protests received after the deadline will not be accepted.

C. GENERAL REQUIREMENTS

1. Acceptance of Conditions Governing the Procurement Potential Offerors must indicate their acceptance of the Conditions Governing the Procurement section in the letter of transmittal. Submission of a proposal constitutes acceptance of the Evaluation Factors contained in Section V of this RFP.

2. Incurring Cost Any cost incurred by the potential Offeror in preparation, transmittal, and/or presentation of any proposal or material submitted in response to this RFP shall be borne solely by the Offeror. Any cost incurred by the Offeror for set up and demonstration of the proposed equipment and/or system shall be borne solely by the Offeror.

3. Prime Contractor Responsibility Any contractual agreement that may result from this RFP shall specify that the prime contractor is solely responsible for fulfillment of all requirements of the contractual agreement with a state agency which may derive from this RFP. The state agency entering into a contractual agreement with a vendor will make payments to only the prime contractor.

4. Subcontractors/Consent The use of subcontractors is allowed. The prime contractor shall be wholly responsible for the entire performance of the contractual agreement whether or not subcontractors are used. Additionally, the prime contractor must receive approval, in writing, from the agency awarding any resultant contract, before any subcontractor is used during the term of this agreement.

5. Amended Proposals An Offeror may submit an amended proposal before the deadline for receipt of proposals. Such amended proposals must be complete replacements for a previously submitted




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proposal and must be clearly identified as such in the transmittal letter. The Agency personnel will not merge, collate, or assemble proposal materials.

6. Offeror’s Rights to Withdraw Proposal Offerors will be allowed to withdraw their proposals at any time prior to the deadline for receipt of proposals. The Offeror must submit a written withdrawal request addressed to the Procurement Manager and signed by the Offeror’s duly authorized representative. The approval or denial of withdrawal requests received after the deadline for receipt of the proposals is governed by the applicable procurement regulations.

7. Proposal Offer Firm Responses to this RFP, including proposal prices for services, will be considered firm for one (1) year after the due date for receipt of proposals or one (1) year after the due date for the receipt of a best and final offer, if the Offeror is invited or required to submit one.

8. Disclosure of Proposal Contents A. Proposals will be kept confidential until negotiations and the award are completed by

the Agency. At that time, all proposals and documents pertaining to the proposals will be open to the public, except for material that is clearly marked proprietary or confidential. The Procurement Manager will not disclose or make public any pages of a proposal on which the potential Offeror has stamped or imprinted "proprietary" or "confidential" subject to the following requirements:

B. Proprietary or confidential data shall be readily separable from the proposal in order to facilitate eventual public inspection of the non-confidential portion of the proposal.

C. Confidential data is restricted to: 1. confidential financial information concerning the Offeror’s organization; 2. and data that qualifies as a trade secret in accordance with the Uniform Trade

Secrets Act, NMSA 1978 § 57-3A-1 to 57-3A-7. 3. PLEASE NOTE: The price of products offered or the cost of services proposed

shall not be designated as proprietary or confidential information. If a request is received for disclosure of data for which an Offeror has made a written request for confidentiality, the State Purchasing Division or the Agency shall examine the Offeror’s request and make a written determination that specifies which portions of the proposal should be disclosed. Unless the Offeror takes legal action to prevent the disclosure, the proposal will be so disclosed. The proposal shall be open to public inspection subject to any continuing prohibition on the disclosure of confidential data.

9. No Obligation This RFP in no manner obligates the State of New Mexico or any of its Agencies to the use of any Offeror’s services until a valid written contract is awarded and approved by appropriate authorities.




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10. Termination This RFP may be canceled at any time and any and all proposals may be rejected in whole or in part when the agency determines such action to be in the best interest of the State of New Mexico.

11. Sufficient Appropriation Any contract awarded as a result of this RFP process may be terminated if sufficient appropriations or authorizations do not exist. Such terminations will be effected by sending written notice to the contractor. The Agency’s decision as to whether sufficient appropriations and authorizations are available will be accepted by the contractor as final.

12. Legal Review The Agency requires that all Offerors agree to be bound by the General Requirements contained in this RFP. Any Offeror’s concerns must be promptly submitted in writing to the attention of the Procurement Manager.

13. Governing Law This RFP and any agreement with an Offeror which may result from this procurement shall be governed by the laws of the State of New Mexico.

14. Basis for Proposal Only information supplied, in writing, by the Agency through the Procurement Manager or in this RFP should be used as the basis for the preparation of Offeror proposals.

15. Contract Terms and Conditions The contract between an agency and a contractor will follow the format specified by the Agency and contain the terms and conditions set forth in the Sample Contract Appendix C. However, the contracting agency reserves the right to negotiate provisions in addition to those contained in this RFP (Sample Contract) with any Offeror. The contents of this RFP, as revised and/or supplemented, and the successful Offeror’s proposal will be incorporated into and become part of any resultant contract. The Agency discourages exceptions from the contract terms and conditions as set forth in the RFP Sample Contract. Such exceptions may cause a proposal to be rejected as nonresponsive when, in the sole judgment of the Agency (and its evaluation team), the proposal appears to be conditioned on the exception, or correction of what is deemed to be a deficiency, or an unacceptable exception is proposed which would require a substantial proposal rewrite to correct. Should an Offeror object to any of the terms and conditions as set forth in the RFP Sample Contract (APPENDIX C) strongly enough to propose alternate terms and conditions in spite of the above, the Offeror must propose specific alternative language. The Agency may or may not accept the alternative language. General references to the Offeror’s terms




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and conditions or attempts at complete substitutions of the Sample Contract are not acceptable to the Agency and will result in disqualification of the Offeror’s proposal. Offerors must provide a brief discussion of the purpose and impact, if any, of each proposed change followed by the specific proposed alternate wording. If an Offeror fails to propose any alternate terms and conditions during the procurement process (the RFP process prior to selection as successful Offeror), no proposed alternate terms and conditions will be considered later during the negotiation process. Failure to propose alternate terms and conditions during the procurement process (the RFP process prior to selection as successful Offeror) is an explicit agreement by the Offeror that the contractual terms and conditions contained herein are accepted by the Offeror.

16. Offeror’s Terms and Conditions Offerors must submit with the proposal a complete set of any additional terms and conditions they expect to have included in a contract negotiated with the Agency. Please see Section II.C.15 for requirements.

17. Contract Deviations Any additional terms and conditions, which may be the subject of negotiation (such terms and conditions having been proposed during the procurement process, that is, the RFP process prior to selection as successful Offeror), will be discussed only between the Agency and the Offeror selected and shall not be deemed an opportunity to amend the Offeror’s proposal.

18. Offeror Qualifications The Evaluation Committee may make such investigations as necessary to determine the ability of the potential Offeror to adhere to the requirements specified within this RFP. The Evaluation Committee will reject the proposal of any potential Offeror who is not a Responsible Offeror or fails to submit a responsive offer as defined in NMSA 1978, § 13-1-83 and 13-1-85.

19. Right to Waive Minor Irregularities The Evaluation Committee reserves the right to waive minor irregularities. The Evaluation Committee also reserves the right to waive mandatory requirements provided that all of the otherwise responsive proposals failed to meet the same mandatory requirements and the failure to do so does not otherwise materially affect the procurement. This right is at the sole discretion of the Evaluation Committee.

20. Change in Contractor Representatives The Agency reserves the right to require a change in contractor representatives if the assigned representative(s) is (are) not, in the opinion of the Agency, adequately meeting the needs of the Agency.




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21. Notice of Penalties The Procurement Code, NMSA 1978, § 13-1-28 through 13-1-199, imposes civil, misdemeanor and felony criminal penalties for its violation. In addition, the New Mexico criminal statutes impose felony penalties for bribes, gratuities and kickbacks.

22. Agency Rights The Agency in agreement with the Evaluation Committee reserves the right to accept all or a portion of a potential Offeror’s proposal.

23. Right to Publish Throughout the duration of this procurement process and contract term, Offerors and contractors must secure from the agency written approval prior to the release of any information that pertains to the potential work or activities covered by this procurement and/or agency contracts deriving from this procurement. Failure to adhere to this requirement may result in disqualification of the Offeror’s proposal or removal from the contract.

24. Ownership of Proposals All documents submitted in response to the RFP shall become property of the State of New Mexico.

25. Confidentiality Any confidential information provided to, or developed by, the contractor in the performance of the contract resulting from this RFP shall be kept confidential and shall not be made available to any individual or organization by the contractor without the prior written approval of the Agency.

The Contractor(s) agrees to protect the confidentiality of all confidential information and not to publish or disclose such information to any third party without the procuring Agency's written permission.

26. Electronic mail address required A large part of the communication regarding this procurement will be conducted by electronic mail (e-mail). Offeror must have a valid e-mail address to receive this correspondence. (See also Section II.B.5, Response to Written Questions).

27. Use of Electronic Versions of this RFP This RFP is being made available by electronic means. In the event of conflict between a version of the RFP in the Offeror’s possession and the version maintained by the agency, the Offeror acknowledges that the version maintained by the agency shall govern. Please refer to: http://www.generalservices.state.nm.us/statepurchasing/ITBs__RFPs_and_Bid_Tabulation.aspx.




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28. New Mexico Employees Health Coverage A. If the Offeror has, or grows to, six (6) or more employees who work, or who are

expected to work, an average of at least 20 hours per week over a six (6) month period during the term of the contract, Offeror must agree to have in place, and agree to maintain for the term of the contract, health insurance for those employees if the expected annual value in the aggregate of any and all contracts between Contractor and the State exceed $250,000 dollars.

B. Offeror must agree to maintain a record of the number of employees who have (a)

accepted health insurance; (b) decline health insurance due to other health insurance coverage already in place; or (c) decline health insurance for other reasons. These records are subject to review and audit by a representative of the state.

C. Offeror must agree to advise all employees of the availability of State publicly financed health care coverage programs by providing each employee with, as a minimum, the following web site link to additional information http://www.insurenewmexico.state.nm.us/.

D. For Indefinite Quantity, Indefinite Delivery contracts (price agreements without specific limitations on quantity and providing for an indeterminate number of orders to be placed against it); these requirements shall apply the first day of the second month after the Offeror reports combined sales (from state and, if applicable, from local public bodies if from a state price agreement) of $250,000.

29. Campaign Contribution Disclosure Form Offeror must complete, sign, and return the Campaign Contribution Disclosure Form, APPENDIX B, as a part of their proposal. This requirement applies regardless whether a covered contribution was made or not made for the positions of Governor and Lieutenant Governor or other identified official. Failure to complete and return the signed unaltered form will result in disqualification.

30. Letter of Transmittal Offeror’s proposal must be accompanied by the Letter of Transmittal Form located in APPENDIX L which must be completed and signed by an individual person authorized to obligate the company. The letter of transmittal MUST:

1. Identify the submitting business entity. 2. Identify the name, title, telephone, and e-mail address of the person authorized by the

Offeror organization to contractually obligate the business entity providing the Offer. 3. Identify the name, title, telephone, and e-mail address of the person authorized to

negotiate the contract on behalf of the organization (if different than (2) above). 4. Identify the names, titles, telephone, and e-mail addresses of persons to be contacted for

clarification/questions regarding proposal content.




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http://www.insurenewmexico.state.nm.us/

5. Identify sub-contractors (if any) anticipated to be utilized in the performance of any resultant contract award.

6. Describe the relationship with any other entity which will be used in the performance of this awarded contract.

7. Identify the following with a check mark and signature where required: a. Explicitly indicate acceptance of the Conditions Governing the Procurement stated

in Section II. C.1; b. Explicitly indicate acceptance of Section V of this RFP; and c. Acknowledge receipt of any and all amendments to this RFP.

8. Be signed by the person identified in para 2 above.

31. Pay Equity Reporting Requirements A. If the Offeror has ten (10) or more employees OR eight (8) or more employees in the

same job classification, Offeror must complete and submit the required reporting form (PE10-249) if they are awarded a contract. Out-of-state Contractors that have no facilities and no employees working in New Mexico are exempt if the contract is directly with the out-of-state contractor and fulfilled directly by the out-of-state contractor, and not passed through a local vendor.

B. For contracts that extend beyond one (1) calendar year, or are extended beyond one (1) calendar year, Offeror must also agree to complete and submit the required form annually within thirty (30) calendar days of the annual bid or proposal submittal anniversary date and, if more than 180 days has elapsed since submittal of the last report, at the completion of the contract.

C. Should Offeror not meet the size requirement for reporting at contract award but subsequently grows such that they meet or exceed the size requirement for reporting, Offeror must agree to provide the required report within ninety (90) calendar days of meeting or exceeding the size requirement.

D. Offeror must also agree to levy these reporting requirements on any subcontractor(s) performing more than 10% of the dollar value of this contract if said subcontractor(s) meets, or grows to meet, the stated employee size thresholds during the term of the contract. Offeror must further agree that, should one or more subcontractor not meet the size requirement for reporting at contract award but subsequently grows such that they meet or exceed the size requirement for reporting, offer will submit the required report, for each such subcontractor, within ninety (90) calendar days of that subcontractor meeting or exceeding the size requirement.

32. Disclosure Regarding Responsibility A. Any prospective Contractor and any of its Principals who enter into a contract greater

than sixty thousand dollars ($60,000.00) with any state agency or local public body for professional services, tangible personal property, services or construction agrees to




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disclose whether the Contractor, or any principal of the Contractor’s company: 1. is presently debarred, suspended, proposed for debarment, or declared ineligible for

award of contract by any federal entity, state agency or local public body;

2. has within a three-year period preceding this offer, been convicted in a criminal matter or had a civil judgment rendered against them for: a. the commission of fraud or a criminal offense in connection with obtaining,

attempting to obtain, or performing a public (federal, state or local) contract or subcontract;

b. violation of Federal or state antitrust statutes related to the submission of offers; or

c. the commission in any federal or state jurisdiction of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violation of Federal criminal tax law, or receiving stolen property;

3. is presently indicted for, or otherwise criminally or civilly charged by any (federal

state or local) government entity with the commission of any of the offenses enumerated in paragraph A of this disclosure;

4. has, preceding this offer, been notified of any delinquent Federal or state taxes in an

amount that exceeds $3,000.00 of which the liability remains unsatisfied. Taxes are considered delinquent if the following criteria apply. a. The tax liability is finally determined. The liability is finally determined if it

has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge of the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

b. The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

c. Have within a three year period preceding this offer, had one or more contracts terminated for default by any federal or state agency or local public body.)

B. Principal, for the purpose of this disclosure, means an officer, director, owner, partner,

or a person having primary management or supervisory responsibilities within a business entity or related entities.

C. The Contractor shall provide immediate written notice to the State Purchasing Agent or

other party to this Agreement if, at any time during the term of this Agreement, the Contractor learns that the Contractor’s disclosure was at any time erroneous or became erroneous by reason of changed circumstances.

D. A disclosure that any of the items in this requirement exist will not necessarily result in




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termination of this Agreement. However, the disclosure will be considered in the determination of the Contractor’s responsibility and ability to perform under this Agreement. Failure of the Contractor to furnish a disclosure or provide additional information as requested will render the Offeror nonresponsive.

E. Nothing contained in the foregoing shall be construed to require establishment of a

system of records in order to render, in good faith, the disclosure required by this document. The knowledge and information of a Contractor is not required to exceed that which is the normally possessed by a prudent person in the ordinary course of business dealings.

F. The disclosure requirement provided is a material representation of fact upon which

reliance was placed when making an award and is a continuing material representation of the facts during the term of this Agreement. If during the performance of the contract, the Contractor is indicted for or otherwise criminally or civilly charged by any government entity (federal, state or local) with commission of any offenses named in this document the Contractor must provide immediate written notice to the State Purchasing Agent or other party to this Agreement. If it is later determined that the Contractor knowingly rendered an erroneous disclosure, in addition to other remedies available to the Government, the State Purchasing Agent or Central Purchasing Officer may terminate the involved contract for cause. Still further the State Purchasing Agent or Central Purchasing Officer may suspend or debar the Contractor from eligibility for future solicitations until such time as the matter is resolved to the satisfaction of the State Purchasing Agent or Central Purchasing Officer.

33. New Mexico Preferences To ensure adequate consideration and application of NMSA 1978, § 13-1-21 (as amended), Offerors must include a copy of their preference certificate with their proposal. Certificates for preferences must be obtained through the New Mexico Department of Taxation & Revenue http://www.tax.newmexico.gov/Businesses/in-state-veteran-preference-certification.aspx.

A. New Mexico Business Preference

B. New Mexico Resident Veterans Business Preference In addition to a copy of the certification, the Offeror should sign and complete the Resident Veterans Preference Certificate form, as provided in this RFP.




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http://www.tax.newmexico.gov/Businesses/in-state-veteran-preference-certification.aspx

III. RESPONSE FORMAT AND ORGANIZATION These instructions describe the format and approach for the submission of proposals. Format instructions must be followed, all requirements in this RFP must be addressed and all requested information must be supplied. It is the Offeror’ s responsibility to ensure its proposal is submitted in a manner that enables the Evaluation Team to easily locate all response descriptions and exhibits for each requirement of this RFP. Page numbers should be located in the same page position throughout the proposal. Proposals must be submitted in a sealed mailing package with the Name of the Organization, Proposal Number, Proposal Title, and deadline date clearly indicated on the front, bottom left hand side on the mailing package. Proposals will not be accepted if they are not sealed and labeled accordingly. CYFD will make the final determination as to a proposal’s completeness or responsiveness. Any proposal that does not adhere to this format and that does not address each specification and requirement within the RFP may be deemed non-responsive and rejected on that basis. CYFD is not responsible for any cost incurred in the preparation or submission of a proposal. All material submitted in response to this RFP becomes property of the State of New Mexico. Failure to conform to the specifications below may result in the disqualification of the proposal.

A. NUMBER OF RESPONSES Offerors shall submit only one proposal in response to this RFP.

B. NUMBER OF COPIES

1. Hard Copy Responses Offeror’s proposal must be clearly labeled and numbered and indexed as outlined in Section III.C. Proposal Format. Proposals must be submitted as outlined below. The original copy shall be clearly marked as such on the front of the binder. Each portion of the proposal (technical/cost) must be submitted in separate binders and must be prominently displayed on the front cover. Envelopes, packages or boxes containing the original and the copies must be clearly labeled and submitted in a sealed envelope, package, or box bearing the following information: Offerors should deliver:

a) Technical Proposals – One (1) ORIGINAL, three (3) HARD COPIES, and three (3) electronic copy of the proposal containing ONLY the Technical Proposal; ORIGINAL and COPY shall be in separate labeled binders. The electronic version/copy can NOT be emailed.




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Proposals containing confidential information must be submitted as two separate binders:

• Unredacted version for evaluation purposes – Four (4) hard copies • Redacted version (information blacked out and not omitted or removed) for

the public file – One (1) hard copy

b) Cost Proposals – One (1) ORIGINAL, three (3) HARD COPIES, and three (3) electronic copy of the proposal containing ONLY the Cost Proposal; ORIGINAL and COPY of Cost Proposal shall be in separate labeled binders from the Technical Proposals. The electronic copy can NOT be emailed.

The electronic version/copy of the proposal must mirror the physical binders submitted (i.e. One (1) unredacted cd/usb, one (1) redacted cd/usb). The electronic version can NOT be emailed.

The original, hard copy and electronic copy information must be identical. In the event of a conflict between versions of the submitted proposal, the Original hard copy shall govern. Any proposal that does not adhere to the requirements of this Section and Section III.C.1 Response Format and Organization, may be deemed non-responsive and rejected on that basis. OR IN THE ALTERNATIVE TO THE SUBMISSION FORMAT AND REQUIREMENTS OF SECTION III.B.1:

2. Electronic Responses (SPD’s E-procurement System eProNM) If the proposal is submitted through State Purchasing’s electronic procurement system, the Offeror need only submit a single electronic copy of each portion of the proposal, outlined below. Please separate the proposal as described below into separate “envelopes” (files) for your submission.

Each “envelope” (file) location for each portion as outlined in Section III.C Proposal Format of the RFP will be specified in the upload section of the Offeror’s electronic submission. If you submit your response through our electronic procurement system, submit only one hard copy of your proposal to the physical address indicated in Section I.D.

a) Technical Proposals – One (1) electronic upload and two (2) ORIGINAL hard copies

(submitted to the physical address indicated in Section I.E) must be submitted in the sequence described in Section III. C.1. All information for the technical proposal must be combined into a single file/document for uploading Proposals containing confidential information must be submitted as two separate

files: • Unredacted version for evaluation purposes.




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Upload unredacted version in “Unredacted Technical Proposal Envelope 1.1”

• Redacted version (information blacked out and not omitted or removed) for

the public file. Upload redacted version in “Redacted Technical Proposal Envelope

1.3”

b) Cost Proposals – One (1) electronic upload and two (2) ORIGINAL hard copies (submitted to the physical address indicated in Section I.D). All information for the cost proposal must be combined into a single file/document for uploading.

Upload cost proposal in “Cost Proposal Envelope 1.2”

For technical support issues contact (505) 827-0467 or (505) 827-0472 or [email protected]

Both the electronic submission and the original proposal must be received no later than the time and date indicated in Section II.B.6. Any proposal that does not adhere to the requirements of this Section and Section III.C.1 Response Format and Organization may be deemed non-responsive and rejected on that basis.

C. PROPOSAL FORMAT All proposals must be submitted as follows: Each proposal must be typewritten on 8 ½ x 11 paper. Pages must be one and one-half spaced and numbered. There is a limit of fifteen (15) pages for Section 1, Mandatory Specifications - Proposal Narrative. Use an easily readable typeface such as Ariel or Courier and type size must be 12-point. The Proposal and each copy must be organized, bound and indexed (labeled tabs delineating each section) using the following format and must contain all listed items in the sequence indicated. Within each section of the Proposal, Offeror’s must address the items requested in the order in which they appear in the Proposal Response Format section of this RFP. All forms provided in the RFP must be thoroughly completed and included in the appropriate section of the proposal. Any Proposal that does not adhere to this format and does not address each specification and requirement within the RFP, including the fifteen (15) page limit of Response to Mandatory Specifications - Proposal Narrative, may be deemed non-responsive and rejected on that basis. Organization of folders/envelopes for hard copy proposals and electronic copy proposals and proposals submitted via eProNM:




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mailto:[email protected]

1. Proposal Content and Organization Direct reference to pre-prepared or promotional material may be used if referenced and clearly marked. Promotional material should be minimal. The proposal must be organized and indexed in the following format and must contain, at a minimum, all listed items in the sequence indicated. Technical Proposal (Binder 1):

A. Signed Letter of Transmittal B. Table of Contents C. Proposal Fact Sheet D. Response to Contract Terms and Conditions E. Offeror’s Additional Terms and Conditions F. Response to Mandatory Specifications – Proposal Narrative (15 Page Maximum)

1. Statement of Problem/Community Need/Target Population 2. Program Design and Implementation Oral Presentation 3. Organizational Capability 4. Outcomes and Performance Measures

G. Business Specifications 1. Copy of Signed Acknowledgement 2. New Mexico Employees Health Coverage 3. Board of Directors Roster Form 4. Statement of Assurances 5. Campaign Contributions and Donations 6. In-Kind Contributions and Donations 7. Affidavit 8. Resident Business or Resident Veterans Preference

Cost Proposal (Binder 2):

1. Budget Narrative 2. Staff Qualifications and Personnel Cost Summary 3. Copies of Policies and Procedures 4. Job Descriptions 5. Additional Information 6. Supporting Documentation 7. Attachments/Addendum 8. Financial Stability

Within each section of the proposal, Offerors should address the items in the order indicated above. All forms provided in this RFP must be thoroughly completed and included in the appropriate section of the proposal. All discussion of proposed costs, rates or expenses must occur only in Binder #2 on the cost response form. The proposal summary may be included by potential Offerors to provide the Evaluation Committee with an overview of the proposal; however, this material will not be used in the evaluation process unless specifically referenced from other portions of the Offeror’s proposal.

Children, Youth and Families Department

Protective Services Division Children’s Trust Fund


60-690-15-13274

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IV. SPECIFICATIONS Offerors should respond in the form of a thorough narrative to each specification, unless otherwise instructed. The narratives, including required supporting materials will be evaluated and awarded points accordingly.

A. DETAILED SCOPE OF WORK PURPOSE STATEMENT: The Children’s Trust Fund is dedicated to being a statewide resource which advocates for and educates about the prevention of child abuse and neglect by providing the means to develop innovative children’s projects and programs to prevent child abuse, provide services for children who have been abused or neglected, and develop community services to prevent and treat child abuse and neglect.

GOAL: Develop innovative children’s projects and programs that will prevent child abuse from occurring before it happens and will provide services to those who have experienced abuse and neglect by utilizing forward thinking programs with measurable and identifiable outcomes.

OBJECTIVES: To develop innovative children’s projects and programs that address one or more of the following:

CATEGORY A: Preventing abuse and neglect of children.

CATEGORY B: Providing medical, psychological and other appropriate treatment for children who are victims of abuse or neglect.

CATEGORY C: Developing community-based services aimed at the prevention and treatment of child abuse and neglect.

SERVICE DESCRIPTIONS:

All Offerors must demonstrate the willingness and ability provide innovative community-based primary and secondary child abuse and neglect prevention programs and services as described below:

1. Primary Prevention / Promotion Primary Prevention/Promotion is described as initiating actions and efforts to prevent child abuse from happening before it occurs. The key aspects of Primary Prevention/Promotion efforts are as follows:

It is offered to all members of a population; It is offered as a voluntary service; It attempts to influence societal forces that affect children and parents, caregivers and all who

interact with children; It contains a component that focuses on education and training; It seeks to promote positive family functioning rather than just preventing problems. Examples of Primary Prevention/Promotion services are educational services in schools;

prenatal and parenting classes; public service announcements; support services and education for new parents, especially teen parents; and life-skills training for children and young adults.




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2. Secondary Prevention

Secondary Prevention is described as initiating actions and efforts to prevent child abuse when certain "risk" factors or warning signals appear. The key aspects of Secondary Prevention efforts are as follows:

It is offered to a predefined group of "at risk" individuals; It is offered as a voluntary service; It is more problem-focused than Primary Prevention/Promotion; It contains a component that focuses on education and training; It seeks to prevent future parenting problems by focusing on identified parents, guardians or

caregivers. Examples of Secondary Prevention efforts include support services for teen parents; services for parents of infants with specific problems; services for families with identifiable stress; self-help services and other neighborhood support services; latchkey or child care/after school services; and community organized activities to prevent child abuse or neglect.

3. For the Children’s Trust Fund, “innovation” means the creation, development and implementation of a new process or service with the aim of improving efficiency, effectiveness or competitive advantage. Innovation may apply to programs, processes and services. The CTF Board further values innovative programs or projects as those services that are unique in design or delivery to the State, city or geographic area, and services that are not currently available within the targeted service area. Examples of innovation can include, but are not limited to:

a) Advanced teaching methods, and/or views on a subject and forward-looking processes; b) Doing or producing something like nothing experienced or created before such as a forward-

thinking program with measurable and identifiable outcomes. c) Examples of specific objectives of innovative programming regarding child abuse and neglect

include, but are not limited to: 1) Increased awareness of the extent, the causes and possible solutions for all forms of

child abuse and neglect; 2) Development of a broad-based, statewide public education campaign aimed at

promoting positive parenting behaviors and community support of parents; 3) Disseminated academic and clinical research to those in positions to enhance practice

and improve policy; 4) Promising practices, evidence-informed or replicated evidence-based child maltreatment

prevention programs across the state. Improved quality of current efforts to detect, treat and prevent child abuse;

5) Facilitated exchange of best practice standards throughout the state; 6) Designed and delivered comprehensive training programs to professionals and

concerned volunteers engaged in efforts to prevent child abuse and neglect; 7) Assessment of the prevalence of maternal depression within the state and the ability of

women to receive effective screening and treatment services for postpartum depression; and

8) Support of efforts in New Mexico to promote and protect the Rights of the Child.

ACTIVITIES: Children, Youth and Families Department



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1. Upon approval of a proposed project or program in accordance with this RFP, an appropriate Scope of Work will be developed which contains provisions for the carrying out of the project or program. That Scope of Work will incorporate these activities along with new activities developed to carry out the innovative project or program which comports with the purpose of the Children’s Trust Fund.

2. Collect and compile data that includes the number of unduplicated children, unduplicated adults and unduplicated families served on a monthly and annual basis. This data shall be submitted to the CTF Program Manger monthly along with the monthly billing invoice and annually with the final invoice of the fiscal year.

3. Submit a quarterly progress report to the agency that includes goals, objectives, and activities achieved for the quarter.

4. Submit a final report that addresses project objectives, project activity, the number and characteristics of the individuals served or targeted, approaches used, results obtained, and the extent to which the activity contributed to the prevention of child abuse and neglect or treatment for children victims of abuse and neglect in the community and/or population targeted.

5. Case Documentation: All services provided by the Contractor and any subcontractors approved in writing by CYFD must have valid documentation that participants actually received the services. Case files must be complete, accurate and maintained in an organized manner. Case files shall also include all client demographic information.

6. Contractor shall provide all parents/caregivers receiving services, with an Agency approved evaluation tool/survey to assess protective factors and parenting skills designed to prevent child abuse and neglect and create positive outcomes for children by improving parent/caregiver knowledge, expectations, perceptions, skills, and behaviors. Specific feedback regarding the parent’s and caregiver’s perception of program effectiveness and functioning must be obtained in order to enhance the quality of services. Contractor will be required to provide qualitative and quantitative data collected to CYFD annually.

7. The Contract shall ensure that staff are qualified to deliver services as necessary within the innovative project or program. The Agency may establish qualifying criteria dependent upon the type of project or program which will be approved by the Agency and incorporated into the Scope of Work developed for the carrying out of the project or program.

PERFORMANCE MEASURES AND CONTRACTOR DATA POINTS:

1. Absence of Child Maltreatment – Ninety percent (90%) of children served will not have an incident of substantiated child maltreatment while receiving services or within six months of close of services.

2. Eighty percent (80%) of all the parents and primary/secondary caregivers receiving services will score higher on the Assessment Survey at the end of the intervention than they did at the beginning of the intervention.

RECORD SHARING: The Contractor must provide any case records, logs, tracking sheets or database queries to CYFD upon written request.

******************** END OF SCOPE OF WORK ********************




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B. MANDATORY SPECIFICATIONS – Proposal Narrative Offerors proposals will be scored and evaluated based on the depth, breadth and validity of their response.

The order of the information shall correspond to the outline below and shall be labeled or tabbed accordingly. Each item must be answered completely. The proposal narrative is limited to fifteen (15) pages and the narrative must include responses to the Mandatory Specifications sections 1 through 4. Sections must be formatted as required in Part III Response Format and Organization.

1. Statement of Problem/Community Need/Target population 150 points Offerors must:

a) Describe the target population that is intended to be served. Determine the proposed

number of individuals to be served and describe how the projected number is determined and cite the sources used to make the determination of the projected numbers. Explain how the target population will be recruited, including outreach and networking activities.

b) Discuss how your organization demonstrates cultural competence with respect to the population to be served (Reference Section I.D – Scope of Procurement). Describe how the proposed services will respect cultural diversities while meeting the needs of clients served. (Example: provide for bi-lingual services or transportation to facilities).

c) Identify and describe the service area for the target population and explain the need

for child abuse prevention services in the target service area. Describe any needs that have not been addressed or provide needs assessment for your community or geographic area. Focus on the unique characteristics of the need in the geographic area to be served and cite sources used to determine justification and demographic data

2. Program Design and Implementation 350 points

Offerors must:

a) Describe how the proposed services relate to the target population and are tailored to the individual communities or geographical area to be served (rural versus urban). Include both definitions/explanations of the proposed services and the number of the service activities that will be provided for the projected number of participants (Example: ten 3-hour parenting workshops or four cycles of 8-week parenting classes meeting once/week for 2 hours). Identify in the narrative if the proposed services will be Primary Prevention/Promotion or Secondary Prevention. (Reference Section I. D – Scope of Procurement).




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b) Describe completely in the narrative how the proposed services are innovative in design or delivery, will not be duplicated by other organizations in the targeted service area, and/or will build upon or enhance an existing, successful program that addresses child abuse prevention in the community.

c) Include a time line that identifies and describes the dates that activities are to be

completed during the overall contract including the start-up dates when the provision of services will be initiated and conclusion dates, if appropriate.

d) Describe the plans developed by your organization for maintaining sustainability of

this project and explain how support will continue after funding ends from the CTF. Please describe the strategies to be implemented for generating replacement funds. In addition, if the program has matching dollars, in-kind support and/or partnerships with other programs or agencies, please provide this information.

3. Organizational Capability 250 points Offerors must:

a) Describe the experiences and activities that qualify your organization to provide the services described in this RFP. Identify any significant accomplishments made within the past three (3) years that support your organization’s ability to provide the proposed services. Include job descriptions and qualifications for all staff members (include in section 3 of your proposal) who will provide services in the proposed program and indicate if the person (s) is currently employed by your agency.

b) Provide information as to how this program or initiative fits within your larger organizational structure or organizational work. Describe how the organization will provide additional support to this initiative or program beyond the CTF funding, such as salaries, managerial support, and promotion and marketing.

c) Explain how the proposed child abuse prevention services will engage or work with

other community services operating within the targeted service area. List the names of other organizations and individuals that have a collaborative relationship or partnership with your organization.

d) Describe any other contracts your organization currently has or has had in the past

five (5) years with the CYFD and/or any other State or federal programs, noting the outcomes or results of the funded programs.

e) Provide a summary of the continuous quality program improvement practices that

will be utilized by your organization with the proposed program or services. For example, summarization of pre/post-test results, review of increases/decreases in abuse and neglect of a county’s statistics (CYFD 360 Data Report) participant program evaluation surveys (such as client satisfaction data).




60-690-15-13274

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f) Describe any additional technical assistance, data or capacity building your organization needs to develop and/or accomplish the program.

4. Outcomes and Performance Measures 250 points Offerors must show a direct connection between the proposed activities and the specific outcomes that are expected:

a) Propose and describe the performance measure that will be used to measure the activities and outcomes you are proposing.

b) Propose and describe the specific outcomes and tools that will be used to demonstrate the effectiveness of this program in your community.

c) Describe how you will verify that the services provided accomplish the goals and

objectives for which they are intended. For example, if the goal is to reduce the incidence of child abuse or neglect within the service area, how will this goal be measured and determined.

d) Identify and explain the evaluation process to be used for the proposed program and

clearly describe how specific performance outcomes will be measured.

e) Explain how your organization will determine, measure, verify and document the accomplishment of the proposed participant outcomes.

f) Include hard copies of the evaluation instruments/tools to be used, such as pre/post-

test surveys, family functioning surveys, increased number of attendees, client satisfaction surveys and self-evaluation surveys to document participant outcomes as a result of received services (this is not included in the fifteen (15) page narrative).

g) Describe within the fifteen (15) page narrative what each tool will measure, and

how the findings will be used to verify and document the accomplishment of proposed participant outcomes. If an evaluation tool has not yet been developed, describe the proposed tool and how it will be implemented once it is developed. (The evaluation instruments may be attached as an appendix to the proposal. Clearly identify the appendices that contain the evaluation instruments).

C. BUSINESS SPECIFICATIONS This section contains all forms required to be included in the proposal. There are specific instructions provided for each form to be completed. Although not scored, the information is mandatory and failure to provide the documentation could result in a determination that the Offeror’s proposal is non-responsive. If a form does not apply, note that on the form, sign, date, and submit each form in your proposal.




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1. Financial Stability Offerors must submit copies of the most recent years independently audited financial statements and the most current 10K, as well as financial statements for the preceding three years, if they exist. The submission must include the audit opinion, the balance sheet, and statements of income, retained earnings, cash flows, and the notes to the financial statements. If independently audited financial statements do not exist, Offeror must state the reason and, instead, submit sufficient information (e.g. D & B report) to enable the Evaluation Committee to assess the financial stability of the Offeror.

2. Letter of Transmittal Form The Offeror’s proposal must be accompanied by the Letter of Transmittal Form located in APPENDIX L. The form must be completed and must be signed by the person authorized to obligate the company.

3. Proposal Facts Sheet Each proposal must be accompanied by a completed Proposal Fact Sheet. All information requested on the Proposal Fact Sheet must be accurately and thoroughly completed and only the authorized person who has the authority to legally bind into a contract with CYFD on behalf of their organization must sign the document. (Appendix K)

4. Budget Narrative Forms Offerors must complete the Budget Narrative Form in APPENDIX D. Offeror must provide a completed budget (APPENDIX D) and a detailed justification supporting proposed costs outlined in the Budget Narrative form (Appendix D). The Offeror must indicate how the budget requested was determined as well as how each cost is related to the performance of the scope of services as outlined in Section IV.A Detailed Scope of Work. All charges listed on APPENDIX D must be justified and evidence of need documented in the proposal. All charges listed on APPENDIX D must be justified and evidence of need documented in the proposal.

5. Staff Qualifications and Personnel Cost Summary The Offeror must complete and return the Staff Qualifications and Personnel Summary Form. This unaltered form must be completed and submitted with your proposal. (Appendix E)

6. Board of Directors Roster Form If applicable, the Offeror must complete and return the Board of Directors Roster Form. This unaltered form must be completed and submitted with your proposal. (Appendix F)




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7. Statement of Assurances The Offeror must complete, sign and return the Statement of Assurances Form. This signed unaltered form must be submitted with your proposal. (Appendix G)

8. Campaign Contributions Disclosure The Offeror must complete an unaltered Campaign Contribution Disclosure Form and submit a signed copy with the Offeror’s proposal. This must be accomplished whether or not an applicable contribution has been made. (Appendix B)

9. In-Kind Contributions and Donations The Offeror must complete and return the In-Kind Contributions and Donations Form whether any applicable contribution has been made or not. This unaltered form must be submitted with your proposal whether an applicable contribution has been made or not. (Appendix H)

10. Affidavit If applicable, the Offeror must complete and return the original Affidavit if the Offeror is a former or current State Employee. This unaltered form must be submitted with your proposal; if it does not apply to you, please state that on the form and include the form in your proposal. (Appendix J)

11. Resident Business or Resident Veterans Preference To ensure adequate consideration and application of NMSA 1978, § 13-1-21 (as amended), Offerors must include a copy of their preference certificate in this section. In addition, for resident Veterans Preference, the attached certification Form (APPENDIX M) must accompany any Offer and any business wishing to receive the preference must complete and sign the form.




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V. EVALUATION

A. EVALUATION POINT SUMMARY

The following is a summary of evaluation factors with point values assigned to each. These weighted factors will be used in the evaluation of individual potential Offeror proposals by sub-category.

B. Mandatory Specifications Points Available B. 1. Statement of Problem/Community Need/Target Population

150

B. 2. Program Design and Implementation 350 B. 3. Organizational Capability 250 B. 4. Outcomes and Performance Measures 250 C. Business Specifications C.1. Financial Stability Pass/Fail C.2. Letter Of Transmittal Pass/Fail C.3. Proposal Facts Sheet Pass/Fail C.4. Budget Narrative Forms Pass/Fail C.5. Staff Qualifications and Personnel Cost Summary Pass/Fail C.6. Board of Directors Roster Form Pass/Fail C.7. Statement of Assurances Pass/Fail C.8. Campaign Contributions Disclosure Pass/Fail C.9. In-Kind Contributions and Donations Pass/Fail C.10. Affidavit Pass/Fail TOTAL 1,000 points C.11. New Mexico Preference - Resident Vendor Points per Section IV C. 12

C.11. New Mexico Preference - Resident Veterans Points per Section IV C.12

Table 1: Evaluation Point Summary

B. EVALUATION FACTORS 1 .B.1 Statement of Problem/Community Need/Target Population (See Table 1)

Offerors proposals will be scored and evaluated based on the depth, breadth and validity of their response.




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a) Describe the target population that is intended to be served. Determine the proposed number of individuals to be served and describe how the projected number is determined and cite the sources used to make the determination of the projected numbers. Explain how the target population will be recruited, including outreach and networking activities.

b) Discuss how your organization demonstrates cultural competence with respect to the population to be served (Reference Section I.D – Scope of Procurement). Describe how the proposed services will respect to cultural diversities while meeting the needs of clients served. (Example: provide for bi-lingual services or transportation to facilities).

c) Identify and describe the service area for the target population and explain the need

for child abuse prevention services in the target service area. Describe any needs that have not been addressed or provide needs assessment for your community or geographic area. Focus on the unique characteristics of the need in the geographic area to be served and cite sources used to determine justification and demographic data

2. B.2 Program Design and Implementation (See Table 1) Offerors proposals will be scored and evaluated based on the depth, breadth and validity of their response.

a) Describe how the proposed services relate to the target population and are tailored to the individual communities or geographical area to be served (rural versus urban). Include both definitions/explanations of the proposed services and the number of the service activities that will be provided for the projected number of participants (Example: ten 3-hour parenting workshops or four cycles of 8-week parenting classes meeting once/week for 2 hours). Identify in the narrative if the proposed services will be Primary Prevention/Promotion or Secondary Prevention. (Reference Section I. D – Scope of Procurement).

b) Describe completely in the narrative how the proposed services are innovative in design or delivery, will not be duplicated by other organizations in the targeted service area, and/or will build upon or enhance an existing, successful program that addresses child abuse prevention in the community.

c) Include a time line that identifies and describes the dates that activities to be

completed during the project, including the start-up dates when the provision of services will be initiated and conclusion dates, if appropriate.

d) Describe the plans developed by your organization for maintaining sustainability of

this project and explain how support will continue after funding ends from the CTF. Children, Youth and Families Department



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Please describe the strategies to be implemented for generating replacement funds. In addition, if the program has matching dollars, in-kind support and/or partnerships with other programs or agencies, please provide this information.

3. B.3 Organizational Capability (See Table 1) Offerors proposals will be scored and evaluated based on the depth, breadth and validity of their response. Offerors must:

a) Describe the experiences and activities that qualify your organization to provide the services described in this RFP. Identify any significant accomplishments made within the past three (3) years that support your organization’s ability to provide the proposed services. Include job descriptions and qualifications for all staff members (include in section 3 of your proposal) who will provide services in the proposed program and indicate if the person (s) is currently employed by your agency.

b) Provide information as to how this program or initiative fits within your larger organizational structure or organizational work. Describe how the organization will provide additional support to this initiative or program beyond the CTF funding, such as salaries, managerial support, and promotion and marketing.

c) Explain how the proposed child abuse prevention services will engage or work with

other community services operating within the targeted service area. List the names of other organizations and individuals that have a collaborative relationship or partnership with your organization.

d) Describe any other contracts your organization currently has or has had in the past

five (5) years with the CYFD and/or any other State or federal programs, noting the outcomes or results of the funded programs.

e) Provide a summary of the continuous quality program improvement practices that

will be utilized by your organization with the proposed program or services. For example, summarization of pre/post-test results, review of increases/decreases in abuse and neglect of a county’s statistics (CYFD 360 Data Report) participant program evaluation surveys (such as client satisfaction data).

f) Describe any additional technical assistance, data or capacity building your

organization needs to develop and/or accomplish the program.

4. B.4 Outcomes and Performance Measures (See Table 1) Offerors proposals will be scored and evaluated based on the depth, breadth and validity of their response. Offerors must show a direct connection between the proposed activities and the specific outcomes that are expected:




36

a) Propose and describe the performance measure that will be used to measure the activities and outcomes you are proposing.

b) Propose and describe the specific outcomes and tools that will be used to

demonstrate the effectiveness of this program in your community.

c) Describe how you will verify that the services provided accomplish the goals and objectives for which they are intended. For example, if the goal is to reduce the incidence of child abuse or neglect within the service area, how will this goal be measured and determined.

d) Identify and explain the evaluation process to be used for the proposed program and

clearly describe how specific performance outcomes will be measured.

e) Explain how your organization will determine, measure, verify and document the accomplishment of the proposed participant outcomes.

f) Include copies of the evaluation instruments to be used, such as pre/post-test

surveys, family functioning surveys, increased number of attendees, client satisfaction surveys and self-evaluation surveys to document participant outcomes as a result of received services. If an evaluation tool has not yet been developed, describe the tool and how it will be implemented once it is developed (this is not included in the fifteen (15) page narrative).

g) Describe what each tool will measure, and how the findings will be used to verify

and document the accomplishment of proposed participant outcomes. (The evaluation instruments may be attached as an appendix to the proposal and are not considered part of the 15-page narrative limitation. Clearly identify the appendices that contain the evaluation instruments).

5. C.1 Financial Stability (See Table 1) Pass/Fail only. No points assigned.

6. C.2 Letter of Transmittal (See Table 1) Pass/Fail only. No points assigned.

7. C.3 Proposal Facts Sheet (See Table 1) Pass/Fail only. No points assigned.

8. C.4 Budget Narrative (See Table 1) Pass/Fail only. No points assigned.




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9. C.5 Staff Qualifications and Personnel Cost Summary (See Table 1) Pass/Fail only. No points assigned.

10. C.6 Board of Directors Roster Form (See Table 1) Pass/Fail only. No points assigned.

11. C.7 Statement of Assurances (See Table 1) Pass/Fail only. No points assigned.

12. C.8 Campaign Contributions Disclosure (See Table 1) Pass/Fail only. No points assigned.

13. C.9 In-Kind Contributions and Donations (See Table 1) Pass/Fail only. No points assigned.

12. C.10 Affidavit (See Table 1) Pass/Fail only. No points assigned.

14. C.11. New Mexico Preferences Percentages will be determined based upon the point based system outlined in NMSA 1978, § 13-1-21 (as amended).

A. New Mexico Business Preference If the Offeror has provided their Preference Certificate the Preference Points for a New Mexico Business is 5%.

. B. New Mexico Resident Veterans Business Preference If the Offeror has provided their Preference Certificate and the Resident Veterans Certification Form the Preference Point are one of the following:

• 10% for less than $1M (prior year revenue) • 8% for more than $1M but less than $5M (prior year revenue) • 7% for more than $5M(prior year revenue)

C. EVALUATION PROCESS 1. All Offeror proposals will be reviewed for compliance with the requirements and

specifications stated within the RFP. Proposals deemed non-responsive will be eliminated from further consideration.

2. The Procurement Manager may contact the Offeror for clarification of the response as

specified in Section II. B.7.




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3. The Evaluation Committee may use other sources of to perform the evaluation as specified

in Section II. C.18. 4. Responsive proposals will be evaluated on the factors in Section IV, which have been

assigned a point value. The responsible Offerors with the highest scores will be selected as finalist Offerors, based upon the proposals submitted. The responsible Offerors whose proposals are most advantageous to the State taking into consideration the evaluation factors in Section IV will be recommended for award (as specified in Section II. B.8). Please note, however, that a serious deficiency in the response to any one factor may be grounds for rejection regardless of overall score.




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APPENDIX A

ACKNOWLEDGEMENT OF RECEIPT FORM




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APPENDIX A REQUEST FOR PROPOSAL



ACKNOWLEDGEMENT OF RECEIPT FORM In acknowledgement of receipt of this Request for Proposal the undersigned agrees that s/he has received a complete copy, beginning with the title page and table of contents, and ending with APPENDIX M. The acknowledgement of receipt should be signed and returned to the Procurement Manager no later than January 18, 2016. Only potential Offerors who elect to return this form completed with the indicated intention of submitting a proposal will receive copies of all Offeror written questions and the written responses to those questions as well as RFP amendments, if any are issued. FIRM: _________________________________________________________________ REPRESENTED BY: _____________________________________________________ TITLE: ________________________________ PHONE NO.: ____________________ E-MAIL: ___________________________ FAX NO.: ________________________ ADDRESS: _____________________________________________________________ CITY: __________________________ STATE: ________ ZIP CODE: _____________ SIGNATURE: ___________________________________ DATE: _________________ This name and address will be used for all correspondence related to the Request for Proposal. Firm does/does not (circle one) intend to respond to this Request for Proposal.

Michelle Taylor, Procurement Manager



State Purchasing Division 1100 St. Francis Dr. Room 2016

Santa Fe, NM 87505 E-mail: [email protected]




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mailto:[email protected]

APPENDIX B

CAMPAIGN CONTRIBUTION DISCLOSURE FORM




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Campaign Contribution Disclosure Form Pursuant to NMSA 1978, § 13-1-191.1 (2006), any person seeking to enter into a contract with any state agency or local public body for professional services, a design and build project delivery system, or the design and installation of measures the primary purpose of which is to conserve natural resources must file this form with that state agency or local public body. This form must be filed even if the contract qualifies as a small purchase or a sole source contract. The prospective contractor must disclose whether they, a family member or a representative of the prospective contractor has made a campaign contribution to an applicable public official of the state or a local public body during the two years prior to the date on which the contractor submits a proposal or, in the case of a sole source or small purchase contract, the two years prior to the date the contractor signs the contract, if the aggregate total of contributions given by the prospective contractor, a family member or a representative of the prospective contractor to the public official exceeds two hundred and fifty dollars ($250) over the two year period. Furthermore, the state agency or local public body shall void an executed contract or cancel a solicitation or proposed award for a proposed contract if: 1) a prospective contractor, a family member of the prospective contractor, or a representative of the prospective contractor gives a campaign contribution or other thing of value to an applicable public official or the applicable public official’s employees during the pendency of the procurement process or 2) a prospective contractor fails to submit a fully completed disclosure statement pursuant to the law. THIS FORM MUST BE FILED BY ANY PROSPECTIVE CONTRACTOR WHETHER OR NOT THEY, THEIR FAMILY MEMBER, OR THEIR REPRESENTATIVE HAS MADE ANY CONTRIBUTIONS SUBJECT TO DISCLOSURE. The following definitions apply: “Applicable public official” means a person elected to an office or a person appointed to complete a term of an elected office, who has the authority to award or influence the award of the contract for which the prospective contractor is submitting a competitive sealed proposal or who has the authority to negotiate a sole source or small purchase contract that may be awarded without submission of a sealed competitive proposal. “Campaign Contribution” means a gift, subscription, loan, advance or deposit of money or other thing of value, including the estimated value of an in-kind contribution, that is made to or received by an applicable public official or any person authorized to raise, collect or expend contributions on that official’s behalf for the purpose of electing the official to either statewide or local office. “Campaign Contribution” includes the payment of a debt incurred in an election campaign, but does not include the value of services provided without compensation or unreimbursed travel or other personal expenses of individuals who volunteer a portion or all of their time on behalf of a candidate or political committee, nor does it include the administrative or




43

solicitation expenses of a political committee that are paid by an organization that sponsors the committee. “Family member” means spouse, father, mother, child, father-in-law, mother-in-law, daughter-in-law or son-in-law. “Pendency of the procurement process” means the time period commencing with the public notice of the request for proposals and ending with the award of the contract or the cancellation of the request for proposals. “Person” means any corporation, partnership, individual, joint venture, association or any other private legal entity. “Prospective contractor” means a person who is subject to the competitive sealed proposal process set forth in the Procurement Code or is not required to submit a competitive sealed proposal because that person qualifies for a sole source or a small purchase contract. “Representative of a prospective contractor” means an officer or director of a corporation, a member or manager of a limited liability corporation, a partner of a partnership or a trustee of a trust of the prospective contractor. DISCLOSURE OF CONTRIBUTIONS: Contribution Made By: __________________________________________ Relation to Prospective Contractor: __________________________________________ Name of Applicable Public Official: _________________________________________ Date Contribution(s) Made: __________________________________________ __________________________________________ Amount(s) of Contribution(s) __________________________________________ __________________________________________ Nature of Contribution(s) __________________________________________ __________________________________________ Purpose of Contribution(s) __________________________________________ __________________________________________ (Attach extra pages if necessary)




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___________________________ _______________________ Signature Date ___________________________ Title (position)

—OR— NO CONTRIBUTIONS IN THE AGGREGATE TOTAL OVER TWO HUNDRED FIFTY DOLLARS ($250) WERE MADE to an applicable public official by me, a family member or representative. ______________________________ _______________________ Signature Date ______________________________ Title (Position)




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APPENDIX C SAMPLE CONTRACT




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STATE OF NEW MEXICO Children, Youth and Families Department

Children’s Trust Fund Innovative Community Based Programs for the Protective Services Division

SERVICES CONTRACT #_________________________

THIS AGREEMENT is made and entered into by and between the State of New Mexico, NAME OF AGENCY, hereinafter referred to as the “Agency,” and NAME OF CONTRACTOR, hereinafter referred to as the “Contractor,” and is effective as of the date set forth below upon which it is executed by the State Purchasing Division/State Purchasing Agent (SPD/SPA). IT IS AGREED BETWEEN THE PARTIES: 1. Scope of Work.

The Contractor shall perform the following work: 2. Compensation.

A. The Agency shall pay to the Contractor in full payment for services satisfactorily performed at the rate of ______________ dollars ($__________) per hour (OR BASED UPON DELIVERABLES, MILESTONES, BUDGET, ETC.), such compensation not to exceed (AMOUNT), excluding gross receipts tax. The New Mexico gross receipts tax levied on the amounts payable under this Agreement totaling (AMOUNT) shall be paid by the Agency to the Contractor. The total amount payable to the Contractor under this Agreement, including gross receipts tax and expenses, shall not exceed (AMOUNT). This amount is a maximum and not a guarantee that the work assigned to be performed by Contractor under this Agreement shall equal the amount stated herein. The parties do not intend for the Contractor to continue to provide services without compensation when the total compensation amount is reached. Contractor is responsible for notifying the Agency when the services provided under this Agreement reach the total compensation amount. In no event will the Contractor be paid for services provided in excess of the total compensation amount without this Agreement being amended in writing prior to those services in excess of the total compensation amount being provided.

B. Payment is subject to availability of funds pursuant to the Appropriations Paragraph set forth below and to any negotiations between the parties from year to year pursuant to Paragraph 1, Scope of Work, and to approval by the DFA. All invoices MUST BE received by the Agency no later than fifteen (15) days after the termination of the Fiscal Year in which the services were delivered. Invoices received after such date WILL NOT BE PAID.

C. Contractor must submit a detailed statement accounting for all services performed and expenses incurred. If the Agency finds that the services are not acceptable, within thirty days after the date of receipt of written notice from the Contractor that payment is requested, it shall provide the Contractor a letter of exception explaining the defect or objection to the services, and outlining steps the Contractor may take to provide remedial action. Upon certification by the Agency that the services have been received and accepted, payment shall be tendered to the




47

Contractor within thirty days after the date of acceptance. If payment is made by mail, the payment shall be deemed tendered on the date it is postmarked. However, the agency shall not incur late charges, interest, or penalties for failure to make payment within the time specified herein.

(—OR—)

(CHOICE – MULTI-YEAR)

A. The Agency shall pay to the Contractor in full payment for services satisfactorily performed pursuant to the Scope of Work at the rate of _____________ dollars ($___________) in FYXX (USE FISCAL YEAR NUMBER TO DESCRIBE YEAR; DO NOT USE FY1, FY2, ETC.). The New Mexico gross receipts tax levied on the amounts payable under this Agreement in FYXX totaling (AMOUNT) shall be paid by the Agency to the Contractor. The total amount payable to the Contractor under this Agreement, including gross receipts tax and expenses, shall not exceed (AMOUNT) in FYXX. (REPEAT LANGUAGE FOR EACH FISCAL YEAR COVERED BY THE AGREEMENT -- USE FISCAL YEAR NUMBER TO DESCRIBE EACH YEAR; DO NOT USE FY1, FY2, ETC.).

B. Payment in FYXX, FYXX, FYXX, and FYXX is subject to availability of funds pursuant to the Appropriations Paragraph set forth below and to any negotiations between the parties from year to year pursuant to Paragraph 1, Scope of Work, and to approval by the DFA. All invoices MUST BE received by the Agency no later than fifteen (15) days after the termination of the Fiscal Year in which the services were delivered. Invoices received after such date WILL NOT BE PAID.

C. Contractor must submit a detailed statement accounting for all services performed and expenses incurred. If the Agency finds that the services are not acceptable, within thirty days after the date of receipt of written notice from the Contractor that payment is requested, it shall provide the Contractor a letter of exception explaining the defect or objection to the services, and outlining steps the Contractor may take to provide remedial action. Upon certification by the Agency that the services have been received and accepted, payment shall be tendered to the Contractor within thirty days after the date of acceptance. If payment is made by mail, the payment shall be deemed tendered on the date it is postmarked. However, the agency shall not incur late charges, interest, or penalties for failure to make payment within the time specified herein. 3. Term.

THIS AGREEMENT SHALL NOT BECOME EFFECTIVE UNTIL APPROVED BY THE SPD/SPA. This Agreement shall terminate on (DATE) unless terminated pursuant to paragraph 4 (Termination), or paragraph 5 (Appropriations). In accordance with NMSA 1978, § 13-1-150, no contract term for a professional services contract, including extensions and renewals, shall exceed four years, except as set forth in NMSA 1978, § 13-1-150.




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4. Termination. A. Grounds. The Agency may terminate this Agreement for convenience or cause.

The Contractor may only terminate this Agreement based upon the Agency’s uncured, material breach of this Agreement.

B. Notice; Agency Opportunity to Cure. 1. Except as otherwise provided in Paragraph (4)(B)(3), the Agency shall give

Contractor written notice of termination at least thirty (30) days prior to the intended date of termination.

2. Contractor shall give Agency written notice of termination at least thirty (30) days prior to the intended date of termination, which notice shall (i) identify all the Agency’s material breaches of this Agreement upon which the termination is based and (ii) state what the Agency must do to cure such material breaches. Contractor’s notice of termination shall only be effective (i) if the Agency does not cure all material breaches within the thirty (30) day notice period or (ii) in the case of material breaches that cannot be cured within thirty (30) days, the Agency does not, within the thirty (30) day notice period, notify the Contractor of its intent to cure and begin with due diligence to cure the material breach.

3. Notwithstanding the foregoing, this Agreement may be terminated immediately upon written notice to the Contractor (i) if the Contractor becomes unable to perform the services contracted for, as determined by the Agency; (ii) if, during the term of this Agreement, the Contractor is suspended or debarred by the State Purchasing Agent; or (iii) the Agreement is terminated pursuant to Paragraph 5, “Appropriations”, of this Agreement.

C. Liability. Except as otherwise expressly allowed or provided under this Agreement, the Agency’s sole liability upon termination shall be to pay for acceptable work performed prior to the Contractor’s receipt or issuance of a notice of termination; provided, however, that a notice of termination shall not nullify or otherwise affect either party’s liability for pre-termination defaults under or breaches of this Agreement. The Contractor shall submit an invoice for such work within thirty (30) days of receiving or sending the notice of termination. THIS PROVISION IS NOT EXCLUSIVE AND DOES NOT WAIVE THE AGENCY’S OTHER LEGAL RIGHTS AND REMEDIES CAUSED BY THE CONTRACTOR'S DEFAULT/BREACH OF THIS AGREEMENT.

D. Termination Management. Immediately upon receipt by either the Agency or the

Contractor of notice of termination of this Agreement, the Contractor shall: 1) not incur any further obligations for salaries, services or any other expenditure of funds under this Agreement without written approval of the Agency; 2) comply with all directives issued by the Agency in the notice of termination as to the performance of work under this Agreement; and 3) take such action as the Agency shall direct for the protection, preservation, retention or transfer of all property titled to the Agency and records generated under this Agreement. Any non-expendable personal property or equipment provided to or purchased by the Contractor with contract funds shall become property of the Agency upon termination and shall be submitted to the agency as soon as practicable. 5. Appropriations.

The terms of this Agreement are contingent upon sufficient appropriations and authorization being made by the Legislature of New Mexico for the performance of this Agreement. If sufficient appropriations and authorization are not made by the Legislature, this




49

Agreement shall terminate immediately upon written notice being given by the Agency to the Contractor. The Agency's decision as to whether sufficient appropriations are available shall be accepted by the Contractor and shall be final. If the Agency proposes an amendment to the Agreement to unilaterally reduce funding, the Contractor shall have the option to terminate the Agreement or to agree to the reduced funding, within thirty (30) days of receipt of the proposed amendment. 6. Status of Contractor.

The Contractor and its agents and employees are independent contractors performing professional services for the Agency and are not employees of the State of New Mexico. The Contractor and its agents and employees shall not accrue leave, retirement, insurance, bonding, use of state vehicles, or any other benefits afforded to employees of the State of New Mexico as a result of this Agreement. The Contractor acknowledges that all sums received hereunder are reportable by the Contractor for tax purposes, including without limitation, self-employment and business income tax. The Contractor agrees not to purport to bind the State of New Mexico unless the Contractor has express written authority to do so, and then only within the strict limits of that authority. 7. Assignment.

The Contractor shall not assign or transfer any interest in this Agreement or assign any claims for money due or to become due under this Agreement without the prior written approval of the Agency. 8. Subcontracting.

The Contractor shall not subcontract any portion of the services to be performed under this Agreement without the prior written approval by the CYFD Secretary or Designee. No such subcontract shall relieve the primary Contractor from any obligations and liabilities under this Agreement, nor shall subcontract obligate direct payment from the Procuring Agency. Contractor must notify subcontractors that they are subject to Paragraph 19, Records and Financial Audit of this agreement. 9. Release.

Final payment of the amounts due under this Agreement shall operate as a release of the Agency, its officers and employees, and the State of New Mexico from all liabilities, claims and obligations whatsoever arising from or under this Agreement. 10. Confidentiality.

Any confidential information provided to or developed by the Contractor in the performance of this Agreement shall be kept confidential and shall not be made available to any individual or organization by the Contractor without the prior written approval of the Agency. 11. Product of Service -- Copyright.

All materials developed or acquired by the Contractor under this Agreement shall become the property of the State of New Mexico and shall be delivered to the Agency no later than the




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termination date of this Agreement. Nothing developed or produced, in whole or in part, by the Contractor under this Agreement shall be the subject of an application for copyright or other claim of ownership by or on behalf of the Contractor. 12. Conflict of Interest; Governmental Conduct Act.

A. The Contractor represents and warrants that it presently has no interest and, during the term of this Agreement, shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance or services required under the Agreement.

B. The Contractor further represents and warrants that it has complied with, and, during the term of this Agreement, will continue to comply with, and that this Agreement complies with all applicable provisions of the Governmental Conduct Act, Chapter 10, Article 16 NMSA 1978. Without in anyway limiting the generality of the foregoing, the Contractor specifically represents and warrants that:

1) in accordance with NMSA 1978, § 10-16-4.3, the Contractor does not employ, has not employed, and will not employ during the term of this Agreement any Agency employee while such employee was or is employed by the Agency and participating directly or indirectly in the Agency’s contracting process;

2) this Agreement complies with NMSA 1978, § 10-16-7(A) because (i) the Contractor is not a public officer or employee of the State; (ii) the Contractor is not a member of the family of a public officer or employee of the State; (iii) the Contractor is not a business in which a public officer or employee or the family of a public officer or employee has a substantial interest; or (iv) if the Contractor is a public officer or employee of the State, a member of the family of a public officer or employee of the State, or a business in which a public officer or employee of the State or the family of a public officer or employee of the State has a substantial interest, public notice was given as required by NMSA 1978, § 10-16-7(A) and this Agreement was awarded pursuant to a competitive process;

3) in accordance with NMSA 1978, § 10-16-8(A), (i) the Contractor is not, and has not been represented by, a person who has been a public officer or employee of the State within the preceding year and whose official act directly resulted in this Agreement and (ii) the Contractor is not, and has not been assisted in any way regarding this transaction by, a former public officer or employee of the State whose official act, while in State employment, directly resulted in the Agency's making this Agreement;

4) this Agreement complies with NMSA 1978, § 10-16-9(A)because (i) the Contractor is not a legislator; (ii) the Contractor is not a member of a legislator's family; (iii) the Contractor is not a business in which a legislator or a legislator's family has a substantial interest; or (iv) if the Contractor is a legislator, a member of a legislator’s family, or a business in which a legislator or a legislator's family has a substantial interest, disclosure has been made as required by NMSA 1978, § 10-16-7(A), this Agreement is not a sole source or small purchase contract, and this Agreement was awarded in accordance with the provisions of the Procurement Code;




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5) in accordance with NMSA 1978, § 10-16-13, the Contractor has not directly participated in the preparation of specifications, qualifications or evaluation criteria for this Agreement or any procurement related to this Agreement; and

6) in accordance with NMSA 1978, § 10-16-3 and § 10-16-13.3, the Contractor has not contributed, and during the term of this Agreement shall not contribute, anything of value to a public officer or employee of the Agency.

C. Contractor’s representations and warranties in Paragraphs A and B of this Article

12 are material representations of fact upon which the Agency relied when this Agreement was entered into by the parties. Contractor shall provide immediate written notice to the Agency if, at any time during the term of this Agreement, Contractor learns that Contractor’s representations and warranties in Paragraphs A and B of this Article 12 were erroneous on the effective date of this Agreement or have become erroneous by reason of new or changed circumstances. If it is later determined that Contractor’s representations and warranties in Paragraphs A and B of this Article 12 were erroneous on the effective date of this Agreement or have become erroneous by reason of new or changed circumstances, in addition to other remedies available to the Agency and notwithstanding anything in the Agreement to the contrary, the Agency may immediately terminate the Agreement.

D. All terms defined in the Governmental Conduct Act have the same meaning in this Article 12(B). 13. Amendment.

A. This Agreement shall not be altered, changed or amended except by instrument in writing executed by the parties hereto and all other required signatories.

B. If the Agency proposes an amendment to the Agreement to unilaterally reduce funding due to budget or other considerations, the Contractor shall, within thirty (30) days of receipt of the proposed Amendment, have the option to terminate the Agreement, pursuant to the termination provisions as set forth in Article 4 herein, or to agree to the reduced funding. 14. Merger.

This Agreement incorporates all the Agreements, covenants and understandings between the parties hereto concerning the subject matter hereof, and all such covenants, Agreements and understandings have been merged into this written Agreement. No prior Agreement or understanding, oral or otherwise, of the parties or their agents shall be valid or enforceable unless embodied in this Agreement. 15. Penalties for violation of law.

The Procurement Code, NMSA 1978 §§ 13-1-28 through 13-1-199, imposes civil and criminal penalties for its violation. In addition, the New Mexico criminal statutes impose felony penalties for illegal bribes, gratuities and kickbacks.




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16. Equal Opportunity Compliance. The Contractor agrees to abide by all federal and state laws and rules and regulations, and

executive orders of the Governor of the State of New Mexico, pertaining to equal employment opportunity. In accordance with all such laws of the State of New Mexico, the Contractor assures that no person in the United States shall, on the grounds of race, religion, color, national origin, ancestry, sex, age, physical or mental handicap, or serious medical condition, spousal affiliation, sexual orientation or gender identity, be excluded from employment with or participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity performed under this Agreement. If Contractor is found not to be in compliance with these requirements during the life of this Agreement, Contractor agrees to take appropriate steps to correct these deficiencies. 17. Applicable Law.

The laws of the State of New Mexico shall govern this Agreement, without giving effect to its choice of law provisions. Venue shall be proper only in a New Mexico court of competent jurisdiction in accordance with NMSA 1978, § 38-3-1 (G). By execution of this Agreement, Contractor acknowledges and agrees to the jurisdiction of the courts of the State of New Mexico over any and all lawsuits arising under or out of any term of this Agreement. 18. Workers Compensation.

The Contractor agrees to comply with state laws and rules applicable to workers compensation benefits for its employees. If the Contractor fails to comply with the Workers Compensation Act and applicable rules when required to do so, this Agreement may be terminated by the Agency. 19. Records and Financial Audit.

The Contractor shall maintain detailed time and expenditure records that indicate the date; time, nature and cost of services rendered during the Agreement’s term and effect and retain them for a period of three (3) years from the date of final payment under this Agreement. The records shall be subject to inspection by the Agency, the Department of Finance and Administration and the State Auditor. The Agency shall have the right to audit billings both before and after payment. Payment under this Agreement shall not foreclose the right of the Agency to recover excessive or illegal payments. The Contractor agrees to comply with the requirements and regulations set forth in Attachment 3 - CYFD Administrative and Fiscal Standards, unless the Contractor effectively demonstrates in writing, with written approval from CYFD, that any specific Standard is inapplicable to such Contractor.

20. Indemnification. The Contractor shall defend, indemnify and hold harmless the Agency and the State of

New Mexico from all actions, proceeding, claims, demands, costs, damages, attorneys’ fees and all other liabilities and expenses of any kind from any source which may arise out of the performance of this Agreement, caused by the negligent act or failure to act of the Contractor, its officers, employees, servants, subcontractors or agents, or if caused by the actions of any client of the




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Contractor resulting in injury or damage to persons or property during the time when the Contractor or any officer, agent, employee, servant or subcontractor thereof has or is performing services pursuant to this Agreement. In the event that any action, suit or proceeding related to the services performed by the Contractor or any officer, agent, employee, servant or subcontractor under this Agreement is brought against the Contractor, the Contractor shall, as soon as practicable but no later than two (2) days after it receives notice thereof, notify the legal counsel of the Agency and the Risk Management Division of the New Mexico General Services Department by certified mail.

21. New Mexico Employees Health Coverage.

A. If Contractor has, or grows to, six (6) or more employees who work, or who are expected to work, an average of at least 20 hours per week over a six (6) month period during the term of the contract, Contractor certifies, by signing this agreement, to have in place, and agree to maintain for the term of the contract, health insurance for those employees and offer that health insurance to those employees if the expected annual value in the aggregate of any and all contracts between Contractor and the State exceed $250,000 dollars.

B. Contractor agrees to maintain a record of the number of employees who have (a) accepted health insurance; (b) declined health insurance due to other health insurance coverage already in place; or (c) declined health insurance for other reasons. These records are subject to review and audit by a representative of the state.

C. Contractor agrees to advise all employees of the availability of State publicly financed health care coverage programs by providing each employee with, as a minimum, the following web site link to additional information: http://insurenewmexico.state.nm.us/. 22. Employee Pay Equity Reporting.

Contractor agrees if it has ten (10) or more New Mexico employees OR eight (8) or more employees in the same job classification, at any time during the term of this contract, to complete and submit the PE10-249 form on the annual anniversary of the initial report submittal for contracts up to one (1) year in duration. If contractor has (250) or more employees contractor must complete and submit the PE250 form on the annual anniversary of the initial report submittal for contracts up to one (1) year in duration. For contracts that extend beyond one (1) calendar year, or are extended beyond one (1) calendar year, contractor also agrees to complete and submit the PE10-249 or PE250 form, whichever is applicable, within thirty (30) days of the annual contract anniversary date of the initial submittal date or, if more than 180 days has elapsed since submittal of the last report, at the completion of the contract, whichever comes first. Should contractor not meet the size requirement for reporting at contract award but subsequently grows such that they meet or exceed the size requirement for reporting, contractor agrees to provide the required report within ninety (90 days) of meeting or exceeding the size requirement. That submittal date shall serve as the basis for submittals required thereafter. Contractor also agrees to levy this requirement on any subcontractor(s) performing more than 10% of the dollar value of this contract if said subcontractor(s) meets, or grows to meet, the stated employee size thresholds during the term of the contract. Contractor further agrees that, should one or more subcontractor not meet the size




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http://insurenewmexico.state.nm.us/

requirement for reporting at contract award but subsequently grows such that they meet or exceed the size requirement for reporting, contractor will submit the required report, for each such subcontractor, within ninety (90 days) of that subcontractor meeting or exceeding the size requirement. Subsequent report submittals, on behalf of each such subcontractor, shall be due on the annual anniversary of the initial report submittal. Contractor shall submit the required form(s) to the State Purchasing Division of the General Services Department, and other departments as may be determined, on behalf of the applicable subcontractor(s) in accordance with the schedule contained in this paragraph. Contractor acknowledges that this subcontractor requirement applies even though contractor itself may not meet the size requirement for reporting and be required to report itself.

Notwithstanding the foregoing, if this Contract was procured pursuant to a solicitation, and if Contractor has already submitted the required report accompanying their response to such solicitation, the report does not need to be re-submitted with this Agreement. 23. Invalid Term or Condition.

If any term or condition of this Agreement shall be held invalid or unenforceable, the remainder of this Agreement shall not be affected and shall be valid and enforceable. 24. Enforcement of Agreement.

A party's failure to require strict performance of any provision of this Agreement shall not waive or diminish that party's right thereafter to demand strict compliance with that or any other provision. No waiver by a party of any of its rights under this Agreement shall be effective unless express and in writing, and no effective waiver by a party of any of its rights shall be effective to waive any other rights.

25. Notices. Any notice required to be given to either party by this Agreement shall be in writing and

shall be delivered in person, by courier service or by U.S. mail, either first class or certified, return receipt requested, postage prepaid, as follows:

To the Agency:

State of New Mexico


ASD – Contract Development Unit

PERA Building, Room 101

1120 Paseo De Peralta

Santa Fe, NM 87501

To the Contractor: Children, Youth and Families Department



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[insert name, address and email].

26. Authority. If Contractor is other than a natural person, the individual(s) signing this Agreement on

behalf of Contractor represents and warrants that he or she has the power and authority to bind Contractor, and that no further action, resolution, or approval from Contractor is necessary to enter into a binding contract. 26. Authority.

If Contractor is other than a natural person, the individual(s) signing this Agreement on behalf of Contractor represents and warrants that he or she has the power and authority to bind Contractor, and that no further action, resolution, or approval from Contractor is necessary to enter into a binding contract. 27. Background Checks.

CYFD contractors that have or could have primary custody of children for at least twenty hours per week are required to comply with 8.8.3 NMAC requiring background checks on any employee, staff, volunteer or student intern, that has direct care responsibilities or potential unsupervised physical access to clients. The contractor must submit to CYFD Background Check Unit fingerprint cards and the appropriate fee for such employees, volunteers or staff required to have background checks. CYFD Background Check Unit will conduct nationwide, state and abuse and neglect background checks on required employees, staff or volunteers in accordance with 8.8.3 NMAC standards. A CYFD eligibility letter must be in the employee’s, staff member’s or volunteer’s personnel file prior to that individual having any unsupervised direct contact or unsupervised potential access to clients. 28. Health Insurance Portability and Accountability Act of 1996. The Contractor agrees to comply with the Health Insurance Portability and Accountability Act of 1996, and the terms in Attachment 4, Business Associate Agreement, which is attached and incorporated by reference. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date of signature by the State Purchasing Division/ State Purchasing Agent below. By: ____________________________________________ Date:_____________

Agency




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By: ____________________________________________ Date:_____________ Agency’s Legal Counsel – Certifying legal sufficiency

By: ____________________________________________ Date:_____________

Agency’s Chief Financial Officer By: ____________________________________________ Date:_____________

Contractor The records of the Taxation and Revenue Department reflect that the Contractor is registered with the Taxation and Revenue Department of the State of New Mexico to pay gross receipts and compensating taxes. ID Number: 00-000000-00-0 By: ____________________________________________ Date:_____________

Taxation and Revenue Department This Agreement has been approved by the State Purchasing Division/State Purchasing Agent: By: ____________________________________________ Date:_____________

State Purchasing Agent

Attachment 1 – Scope of Work CONTRACTOR NAME e-SCOPE INSERTED HERE

Attachment 2 – Budget CONTRACTOR NAME




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e-BUDGET INSERTED HERE FUNDING INFORMATION:

Attachment 3

CHILDREN, YOUTH AND FAMILIES DEPARTMENT’S

ADMINISTRATIVE

AND

FISCAL STANDARDS

For Sole Proprietors,

For Non-Profit Organizations,

Local Bodies of Government,

And

For-Profit Incorporated Entities

Revised September 3, 2013

Note: All contractors are required to adhere to all local, state and federal regulations as applicable to their operations. All contractors are required to follow audit and reporting requirements set forth in this document. In the event of a contradiction between these standards and contract requirements the contract agreement supersedes the Administrative and Fiscal Standards.




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ADMINISTRATIVE STANDARDS For Non-Profit Organizations (with the exception of New Mexico higher education institutions)

1. The Board shall ensure that the agency has current articles of incorporation that meet all of the legal requirements of the governmental jurisdiction in which the contractor is located.

2. The Board shall ensure that the agency has current by laws that are filed with the

appropriate local, state, or federal body. At a minimum, the agency by-laws should include:

a. Membership (types, qualification, rights, duties); b. Size of Board of Directors; c. Method of selection and removal; d. Duties and responsibilities of officers; e. Committees; f. Quorums; g. Recording of minutes; h. Method for amending by-laws.

3. The Board shall ensure that the agency complies with applicable legal requirements and regulations of all governmental and legally authorized agencies under whose authorities it operates. These include, but are not limited to those regarding equal employment opportunity, workers compensation, unemployment insurance, affirmative action, safety, licensing, etc.

4. Board members shall be residents of the area served by the organization and representative

of the social, economic, linguistic, ethnic, and racial target population. The agency shall not employ a person related to a Board member by consanguinity or affinity within the third degree. This includes, but is not limited to, spouse, mother, father, brother, sister, grandparents, aunt, uncle, niece, nephew, first cousins, mother-in-law, father-in-law, brother-in-law or sister-in-law.

5. A permanent record shall be kept of all meetings of the Board. Minutes of the meetings of

the agency’s Board are required in order to accurately record the decisions made and actions taken. These minutes shall include, but not be limited to, meeting date, names of members attending, topic discussed, decisions reached, actions taken, and attachment of any documents referenced. Board minutes shall be signed and approved by an officer of the Board.

For All Contractors Personnel




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1. The contractor shall have a current and dated organization chart that accurately reflects the staff structure of authority, responsibility and accountability within the organization. The organizational chart must illustrate the relationship of each position or department to all other positions or departments within the organization.

2. The contractor shall have written personnel policies and procedures. All policies and

procedures shall be reviewed annually, and any changes, additions, deletions, etc., shall be dated. Procedures must be in place that allows employees to provide input into changes in agency and personnel policies and procedures.

3. The contractor shall maintain current, written job descriptions and job qualifications for all

positions (staff, consultants and direct service volunteers) in the agency. Each job description shall include, at a minimum:

a. Job title; b. Salary range; c. Duties; d. Responsibilities of the positions; e. Required minimum experience; f. Required minimum training; g. Required minimum education.

4. The contractor shall maintain a current, accurate and confidential personnel record for each

paid and direct service volunteer employee. A personnel record on each employee shall contain, at a minimum;

a. Job description; b. Initial application/resume; c. Documentation of reference letters; d. Result of employment investigation; e. Background checks;

1. CYFD contractors that have or could have primary custody of children for at least twenty hours per week are required to comply with NMAC 8.8.3 et. seq. requiring background checks on any employee, staff, volunteer or student intern, that has direct care responsibilities or potential unsupervised physical access to clients. The contractor must submit to CYFD Background Check Unit fingerprint cards and the appropriate fee for such employees, volunteers or staff required having background checks. CYFD Background Check Unit will conduct nationwide, state and abuse and neglect background checks on required staff or volunteers in accordance with NMAC 8.8.3 standards. A CYFD eligibility letter must be in the employee, volunteer or staff member’s personnel file prior to that individual having any unsupervised direct contact or unsupervised potential access to clients.

f. Education/experience required; g. Wage and salary information;




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h. Job performance evaluation; i. Documentation/verification of all previous and ongoing training (including all

component specific training and education); j. Incident reports; k. Commendations or disciplinary actions (if any).

This information must be reliable, accurate and current. All employee records must be kept in a locked file to ensure confidentiality.

5. The contractor shall be headed by a director. The director shall be responsible for the daily operation of the agency through decision-making, authorization of expenditures, and the implementation of policies and procedures.

Physical Facilities The physical facilities must meet all licensing requirements per classification and should be located, constructed, equipped and operated to promote the efficient and effective conduct of the contractor’s programs, to protect the health and safety of the persons serviced and the staff to promote the integration of those served into the community, to be accessible to persons served, staff and the community, meet the American’s with Disabilities Act (ADA) and the Drug-Free Workplace Act of 1988.

FISCAL STANDARDS For All Contractors

Compliance

1. The contractor shall comply with all federal and state statutes, rules and regulations. Cost principles, administrative requirements and audit requirements, applicable to federal grants shall apply to state funds. See attached Source Sheet.

2. The contractor shall comply with all aspects of the provision of the contact, including all

insurance, bonding and audit and financial reporting requirements.

Insurance

1. The contractor, with the exception of New Mexico higher education institutions, shall obtain and maintain at all times during the term of this contract an Employee Dishonesty Policy covering the activities of the contractor in the amount of no less than 25% of the total (cumulative) dollar amount of the current CYFD contract(s).

2. The contractor shall obtain and maintain at all times during the term of this contract a

general and professional liability insurance policy issued by an insurance company licensed Children, Youth and Families Department



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to do business in the State of New Mexico. The policy shall include liability insurance coverage provided in the amount of at least $100,000 for damage to or destruction of property arising out of a single occurrence; $300,000 to any person for any number of claims arising out of a single occurrence for all damages other than property damage; or $500,000 for all claims arising out of a single occurrence. The policy shall be secured by the contractor within thirty (30) days of the effective date of the current contract.

3. The contractor, with the exception of New Mexico higher education institutions if insured

by General Services Department’s Risk Management Division, shall secure and maintain sufficient fire and extended hazard insurance on all property in the custody of the contractor, which is furnished or owned by the Department or in which the Department has a financial interest, within thirty (30) days of the effective date of the current agreement. Sufficient insurance, for the purposes of this paragraph, means enough to cover CYFD’s loss, if any to such property, in the event of fire or other hazard.

4. The contractor, with the exception of New Mexico higher education institutions if insured by General Services Department’s Risk Management Division, shall name Children, Youth and Families Department as an “Additional Insured” with the insurance carrier of the contractor’s liability insurance. A copy of the contractor’s “Certificate of Liability Insurance” proving compliance with all the above insurance requirements must be available upon request.

Fiscal Books of Records The contractor must maintain the following books of record:

1. Chart of Accounts 2. General Ledger 3. Cash receipts and Cash Disbursements Journals

4. General Journal of adjusting entries, correcting entries, accrual entries, and cost allocation

entries if not provided for in cash journals.

5. Subsidiary ledgers, if applicable to the organization.

6. Any Capital Outlay Inventory purchased with CYFD funding includes at a minimum: a. Description of property; b. Serial number or other ID number; c. Date of purchase; d. Acquisition cost by funding source(s); e. Location and use of property; f. Disposition data including date and price, if any.

7. Payroll journals and employee earnings records. Children, Youth and Families Department



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8. Fiscal Policy and Procedures that must include:

a. Handling of cash/checks; b. Handling of voided checks; c. Authorized check signatures; d. Bank reconciliations; e. Separation of duties; f. Accounting system; g. Travel; h. Cost allocation method; i. Accounting policies for donations.

Reports

1. The contractor shall complete in full the State and Federal payroll tax forms in accordance with required time period and shall insure payroll taxes are paid within the required time frame.

2. The contractor shall complete in full and submit the required forms of the State Department

of Labor.

3. The contractor shall submit timely program and financial reports to the funding agencies as specified in the contracts.

Retention of Records The following are the requirements for the retention of financial records:

1. The contractor shall maintain for three (3) years, (in addition to current year records) detailed accounting and billing records which indicate the date, time, and nature of services rendered, records relating to contract services, and all operating financial documentation which shall be subject to inspection by the Department and if applicable, the State Auditor or their designee.

2. The Department shall have a right to audit billings and related documents both before and

after payment. Payments made under a contract between the contractor and the Department shall not foreclose the right of the Department to recover excessive, illegal payments, and/or payments which are not in accordance with the contract.

3. The contractor shall maintain the funds from the CYFD contract separately in accurate

financial records, books, files, and reports in accordance with generally accepted accounting principles, state and federal laws and regulation, and the requirements of the Departments as described in this Administrative and Fiscal Standards Guidance.




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4. The financial management systems established by the contractor shall ensure it provides fiscal and budgetary controls as well as sound accounting procedures. A Schedule of Revenues & Expenditures Budget to Actual Comparison for each contract must be prepared and submitted to the Department at the same time as the annual financial audit or financial statement. The Schedule must include the approved original budget for the fiscal year, revised budget, actual revenue and expenditures and a variance column.

Audits NOTE: Audit and financial reporting requirements are applicable to all contractors of Children,

Youth and Families Department.

1. Sole proprietor contractors receiving Department funds under $100,000.00 must submit to the Department the Sole Proprietor Business Reporting Form “Schedule C”. Sole Proprietor billings are subject to review by the CYFD contract and program site reviewers and must be available upon request. A Sole Proprietorship is a type of business entity that is owned and run by one individual and in which there is no legal distinction between the owner and the business.

2. Audits for a contractor receiving under $150,000.00 per year in cumulative Department funds (a total of all CYFD contracts awarded to the contractor within a fiscal year) whose Board has elected to not conduct an audit must comply with the following:

a) The contractor shall prepare financial statements that include a Revenue and Expenditure – Budget to Actual Comparison, Balance Sheet or Statement of New Assets and Income Statement or Statement of Activities. The contractor shall disclose the method of accounting used (cash or accrual) to prepare such statements. The Revenues and Expenditures – Budget to Actual Comparison statement must include the original budget for the fiscal year as approved by the Board, revised budget, actual revenue and expenditures and variance column. A cash disbursement and cash receipt journal cannot take the place of the Balance Sheet and Income Statement. These financial statements shall be available upon request to the Department’s Contract/Audit Unit within three (3) months of the contractor’s fiscal year end.

b) This section (Section 2) does not apply to sole proprietor contracts covered under Audits section 1.

3. Audits for a contractor receiving $150,000.00 to $300,000.00 per year in cumulative

Department funds (a total of all CYFD contracts awarded to the contractor with in a fiscal year) whose Board has elected to not conduct an audit must comply with the following:

a) The contractor shall have an Independent Auditor’s Report of Agreed-Upon Procedures (AUP) to ensure compliance with contract requirements in accordance




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with General Accepted Accounting Practice (GAAP). The AUP report shall be available upon request to the Department’s Contract/Audit Unit within nine (9) months of the contractor’s fiscal year end.

b) The contractor shall ensure that the selected accounting firm performing the AUP

report is rotated every six (6) years (or less if mandated by the State Auditor) with a minimum two-year break. The selected accounting firm shall not have provided non-auditing services within the year being reviewed.

4. Audits for a contractor receiving $300,000.00 or greater per year in cumulative Department

funds (a total of all CYFD contracts awarded to the contractor with in a fiscal year):

a) The contractor shall have an Independent Audit Report that conforms to the General Accounting Standards (Yellow Book) as recommended by GAO. This Independent Audit Report shall be available upon request to the Department’s Contract/Audit Unit within nine (9) months of the contractor’s fiscal year end. The contractor must also submit a copy of any Management Letter Comments issued by the Independent Auditor in a separate report.

b) The contractor shall ensure that the auditor or auditing firm performing the audit

report is rotated every six (6) years (or less if mandated by the State Auditor) with a minimum two year break. The selected auditor shall not have provided non-auditing services within the year being audited.

5. Audit for an contractor receiving over $500,000.00 per year in cumulative Federal funds (a total of all contracts awarded to the contractor with in a fiscal year) the contractor must receive an audit as required by the U.S. Office of Management and Budget, Circular A-133 Audits of States, Local Governments and Non-Profit Organizations, and U.S. Office of Management and Budget, Circular A-21, Cost Principles for Educational Institutions. The contractor must have available upon request a copy of any Management Letter Comments issued by the Independent Auditor in a separate report.

a) The Contractor must have available upon request their audited financial statements

within nine (9) months of their fiscal year end to the Agency’s Contract/Audit Unit. The Contractor must also have available upon request the Management Letter Comments issued by the Independent Auditor in a separate report.

b) The contractor shall ensure that the auditor or auditing firm performing the audit report is rotated every six (6) years (or less if mandated by the State Auditor) with a minimum two-year break. The selected auditor shall not have provided non-auditing services within the year being audited.

6. Financial Statements, AUP and Audits must be mailed to:




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Children, Youth and Families Department Contract/Audit Unit P.O. Box 5160 Santa Fe, NM 87502

SOURCE SHEET

ADMINISTRATIVE REQUIREMENTS Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments; also known as the Common Rule. OMB Circular A-110, Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations.

COST PRINCIPLES OMB Circular A-21, Cost Principles for Educational Institutions OMB Circular A-87, Cost Principles for State and Local Governments. OMB Circular A-122, Cost Principles for Non-Profit Organizations. FASB and AICPA Statements and Professional Pronouncements.

AUDITS OMB Circular A-133 Audits of States, Local Governments and Non-Profit Organizations. OMB Compliance Supplement for Audits of States, Local Governments and Non-Profit Organizations. U.S. General Accounting Office, Government Auditing Standards, (The Yellow Book, current revision). FASB and AICPA Statements and Professional Pronouncements.

Attachment 4 – Business Associate Agreement




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This is a business associate agreement in compliance with 45 CFR Section 160.504(e)(2) of the HIPAA privacy rule. Contractor understands that it may be considered a business associate of the Department under the HIPAA Privacy and Security Rules. Accordingly, the parties agree: • The disclosures the Department will make to Contractor of any information that identifies an

individual and includes information about the individual’s health (protected health information), whether in electronic or physical form, shall be limited to the minimum reasonably necessary for Contractor’s delivery of services described in the Scope of Work to which the parties have agreed to in the Contract.

• Any disclosures by Contractor of the any individual’s protected health information inconsistent

with this agreement are strictly prohibited and shall be cause for termination of the Contract. Contractor shall take all reasonable steps to avoid such disclosures, including but not limited to implementation of all practical administrative, physical and technical safeguards.

• After the expiration of this Contract, whether because a party has cancelled it, it is fully

executed or for any other cause, Contractor shall return all documents containing any individual’s protected health information to the Department. Contractor also agrees that it shall take reasonable affirmative precautions to avoid any unauthorized disclosures of protected health information to third parties.

• Contractor understands it is responsible for reporting unauthorized disclosures, including but

not limited to electronic security violations, to the Department’s privacy office or the federal Office of Civil Rights. Contractor also understands it is responsible for reporting any other disclosure for purposes other than treatment, payment or operations to the Department’s privacy office.

• Contractor agrees to bind their agents and subcontractors to the terms of this agreement.

• Contractor understands an individual has the right to inspect and request changes to the

protected health information the parties use or create and that an appropriate privacy officer and/or the federal Office of Civil Rights has the authority to inspect the parties’ procedures for management of the individual’s protected health information.




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APPENDIX D

** Budget Narrative Form ** BUDGET NARRATIVE INSTRUCTIONS

GENERAL: The Offeror must complete and return the Budget Narrative Form located at Attachment D and shall describe in detail all the line item expenditures requested in the Budget Line Item located at Attachment D to support the proposed project funding. SPECIFIC: Line Item Description - Enter the appropriate budget amount requested. Base Request - Enter the appropriate budget amount requested. Justification/Description - Provide a detailed narrative that supports the requested amount. Note: Total each expenditure category to equal the total requested funding amount.




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BUDGET NARRATIVE (Appendix D) Line Item Category LINE ITEM DESCRIPTION

BASE REQUEST

JUSTIFICATION/ DESCRIPTION

Total Budget Request

______________________




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APPENDIX E

Staff Qualifications and Personnel Costs




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INSTRUCTIONS FOR STAFF QUALIFICATIONS AND PERSONNEL COSTS

SUMMARY (Appendix E) This form provides a summary of the job titles, qualifications and costs of all staff members employed to provide the proposed services. Follow carefully the instructions below.

Position Title Indicate the staff name and associated position title for each position for which funds are requested. Include both programmatic and administrative staff. If a position is vacant at the time of the Proposal submission, but will be filled for the project, please indicate this in place of the name and title.

Education and Training Indicate the highest level of education achieved by the staff person named in Item 1 above (high school, AA degree, BA degree Master’s Degree). You may also include licensures, certifications or applicable training.

Experience Indicate the applicable job experience of the staff person named in Item 1 above. Please indicate the number of years worked for each job experience.

Work Hours Per Week Indicate the number of hours per week that the staff person will work for the proposed program. If the position is vacant, indicate the proposed number of hours the staff person will work per week.

Proposed Gross Salary and Benefits Indicate the total gross salary (paid by all funding sources) of the staff person named in Item 1 above. If position is vacant, indicate the proposed salary for the position.

CYFD Share of Salary and Benefits Indicate the portion of the total salary to be paid by the CYFD for the staff person named in Item 1 above. If position is vacant, indicate the proposed share of the salary for the position paid by the CYFD.




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STAFF QUALIFICATIONS AND PERSONNEL COSTS SUMMARY (Appendix E) (Cost summary must be completed if not proposing fee for service)

1 STAFF NAME/TITLE (If Known)

2 EDUCATION and TRAINING

3 EXPERIENCE (Note # Years) in Field

4 WORK HOURS PER WEEK

5 TOTAL GROSS SALARY (ALL SOURCES)

6 CYFD $ SHARE OF SALARY




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APPENDIX F

Board of Directors Roster




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BOARD OF DIRECTORS ROSTER (Appendix F)

BOARD MEMBER

ETHNIC GROUP

WORK ADDRESS

OFFICE TERM PHONE

BOARD POSITION AND/OR

COMMITTEE

ETHNIC GROUP CODES PHONE C – Caucasian H -Hispanic H-Home B - African American W-Work I- American Indian A -Asian




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APPENDIX G Statement of Assurances




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STATEMENT OF ASSURANCES (Appendix G) This form must be completed and signed by all Offerors. Include this form in the Proposal along with the appropriate attachments. Offeror must initial each item and sign below. Use N/A for any item(s) that are not applicable. Corporate Assurances Attach the Following: _____ Copy of current Articles of Incorporation as approved by the New Mexico Public Regulation Commission – Corporations Bureau. _____ Copy of current By-Laws. _____ Copy of proof or registration with the New Mexico Department of Taxation and Revenue for the payment of gross receipts tax or proof of the grant of an exemption from payment of federal income tax pursuant to the Internal revenue Code of 1954, 26 USC Section 501(C)(3). _____ If applicable, provide a copy of your most recent non-profit corporate report filed with the New Mexico Public Regulation Commission, Corporations Bureau. _____ If applicable, copy of Resident Business Certificate and/or copy of Resident Veterans Business Certificate. You may access the New Mexico Taxation website at the following links for further information regarding the NM Resident Business / Veterans Preference http://www.tax.newmexico.gov/Pages/TRD-Homepage.aspx http://www.tax.newmexico.gov/Businesses/Pages/InStatePreferenceCertification.aspx _____ Financial Statement and most current audit (Financial Stability) Offerors must submit copies of the most recent years independently audited financial statements and the most current 10K, as well as financial statements for the preceding three years, if they exist. The submission must include the audit opinion, the balance sheet, and statements of income, retained earnings, cash flows, and the notes to the financial statements. If independently audited financial statements do not exist, Offeror must state the reason and, instead, submit sufficient information (e.g. D & B report) to enable the Evaluation Committee to assess the financial stability of the Offeror. _____ Ensure a copy of Form PE10-249 (or) PE250 to comply with Executive Order 2009-049 regarding NM Pay Equity Initiative are attached in section 2 of the Proposal Form Requirements. Licensing Assurances _____ Attach a copy of your most recent CYFD Child Care Licensing Survey Report.




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http://www.tax.newmexico.gov/Pages/TRD-Homepage.aspx

http://www.tax.newmexico.gov/Businesses/Pages/InStatePreferenceCertification.aspx

Program Assurances Yes___ No___ Do you agree to accept all financial responsibility for insurance coverage and vehicle maintenance, as this funding does not allow reimbursement as a line item expenditure? Provide a copy of your most current proof of insurance card. As the duly authorized representative of the Offeror, I certify that the information provided is true and correct. If awarded a contract I will comply with all contract provisions as well as the Administrative and Fiscal standards incorporated in this Request for Proposal. __________________________________________________________________ Signature/Title Date (Person must be authorized to enter organization into contract) __________________________________________________________________ Organization Name




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APPENDIX H

In-Kind Contributions and Donations




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IN-KIND CONTRIBUTIONS AND DONATIONS (Appendix H) The purpose of this form is to provide the opportunity to document support in the form of actual and projected in-kind contributions and donations to this proposed project or program. These include, but are not limited to goods and services, such as rent, equipment, supplies and volunteer time. LIST ONLY CONTRIBUTIONS RELEVANT TO THE PROPOSED PROGRAM. Provide an explanation of each contribution. For volunteer time, estimate the cost as if paying for the service. Use additional sheets as necessary. CONTRIBUTION: (Describe) ESTIMATED VALUE:




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APPENDIX J Affidavit




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AFFIDAVIT

STATE OF NEW MEXICO ) ) ss. COUNTY OF SANTA FE ) I, ___________________(print name), being first duly sworn upon my oath, depose and state the following:

1. I am a former employee of the _______________________________________ Department, having separated/retired from state employment as of _____________.

2. The Children, Youth and Families Department and I have entered into a professional services

agreement in the amount of $______________. 3. Section 10-16-8.A(1) NMSA 1978 of the Governmental Conduct Act does not apply to this

Professional Services Agreement because I neither sought a contract with the Children, Youth and Families Department, nor engaged in any official act which directly resulted in the formation of the Professional Services Agreement while an employee of the Children, Youth and Families Department.

4. To the best of my knowledge, this Professional Services Agreement was awarded in compliance

with all relevant provisions of the New Mexico Procurement Code (13-1-28, et. seq., NMSA 1978). FURTHER, AFFIANT SAYETH NOT. _______________________________ name Subscribed and sworn to before me by ____________________________(name of former employee) this _____day of _______, 2015. ____________________ NOTARY PUBLIC My Commission Expires: __________________________




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APPENDIX K Proposal Fact Sheet




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PROPOSAL FACT SHEET (Appendix K) Protective Services Division – CTF RFP Solicitation Number: 60-690-15-13274

I. OFFEROR INFORMATION: County(ies) you intend to serve:_________________

A. Organization Name:

B. Mailing and Street Address: Email Address:

C. Telephone Number: Fax Number:

D. New Mexico Tax I.D. CRS Number: Federal Income Tax #:

E. Person in Organization to Contact Regarding Proposal: Name: Telephone: Title:

F. Total Funding Requested from CYFD: $______________________________________ II. SIGNATURE OF OFFEROR - I hereby certify that all information contained in this proposal contains no willful misrepresentation and that the information is true and complete to the best of my knowledge.

Authorized Representative Signature: Typed Name: Title: Date: Email Address:

Board President Signature: Typed Name: Title: Date: Email Address: The information on this form must be completed before the Proposal will be considered for evaluation.




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APPENDIX L

LETTER OF TRANSMITTAL FORM




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APPENDIX L Letter of Transmittal Form

RFP#:_____________________________ NM Vendor ID# ________________________ Offeror Name: _____________________ FED ID# _______________________________ Items #1 to #7 EACH MUST BE COMPLETED IN FULL Failure to respond to all seven items WILL RESULT IN THE DISQUALIFICATION OF THE PROPOSAL! 1. Identity (Name) and Mailing Address of the submitting organization: ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ 2. For the person authorized by the organization to contractually obligate on behalf of this Offer: Name _______________________________________________________________________ Title ________________________________________________________________________ E-Mail Address _______________________________________________________________ Telephone Number _________________________________________________________ 3. For the person authorized by the organization to negotiate on behalf of this Offer: Name _______________________________________________________________________ Title ________________________________________________________________________ E-Mail Address _______________________________________________________________ Telephone Number _________________________________________________________ 4. For the person authorized by the organization to clarify/respond to queries regarding this Offer: Name _______________________________________________________________________ Title ________________________________________________________________________ E-Mail Address _______________________________________________________________ Telephone Number _________________________________________________________ 5. Use of Sub-Contractors (Select one) ____ No sub-contractors will be used in the performance of any resultant contract OR ____ The following sub-contractors will be used in the performance of any resultant contract: _________________________________________________________________________________ (Attach extra sheets, as needed) 6. Please describe any relationship with any entity (other than Subcontractors listed in (5) above) which will be used in the performance of any resultant contract. ______________________________________________________________________________ (Attach extra sheets, as needed) 7. ___ On behalf of the submitting organization named in item #1, above, I accept the Conditions Governing the Procurement as required in Section II. C.1.

___ I concur that submission of our proposal constitutes acceptance of the Evaluation Factors contained in Section V of this RFP.

___ I acknowledge receipt of any and all amendments to this RFP. ________________________________________________ _____________________, 2015 Authorized Signature and Date (Must be signed by the person identified in item #2, above.)




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APPENDIX M

RESIDENT VETERANS CERTIFICATION




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New Mexico Preference Resident Veterans Certification Reminder, a copy of Resident Veterans Preference Certificate must be submitted with the proposal in order to ensure adequate consideration and application of NMSA 1978, § 13-1-21 (as amended). __________________________________ (NAME OF CONTRACTOR) hereby certifies the following in regard to application of the resident veterans’ preference to this procurement:

Please check one box only

□ I declare under penalty of perjury that my business prior year revenue starting January 1ending December 31 is less than $1M allowing me the 10% preference on this solicitation. I understand that knowingly giving false or misleading information about this fact constitutes a crime.

□ I declare under penalty of perjury that my business prior year revenue starting January 1 ending December 31 is more than $1M but less than $5M allowing me the 8% preference on this solicitation. I understand that knowingly giving false or misleading information about this fact constitutes a crime.

□ I declare under penalty of perjury that my business prior year revenue starting January 1ending December 31 is more than $5M allowing me the 7% preference on this solicitation. I understand that knowingly giving false or misleading information about this fact constitutes a crime.

“I agree to submit a report, or reports, to the State Purchasing Division of the General Services Department declaring under penalty of perjury that during the last calendar year starting January 1 and ending on December 31, the following to be true and accurate: “In conjunction with this procurement and the requirements of this business’ application for a Resident Veteran Business Preference/Resident Veteran Contractor Preference under NMSA 1978, § 13-1-21 or 13-1-22, when awarded a contract which was on the basis of having such veterans preference, I agree to report to the State Purchasing Division of the General Services Department the awarded amount involved. I will indicate in the report the award amount as a purchase from a public body or as a public works contract from a public body as the case may be. “I understand that knowingly giving false or misleading information on this report constitutes a crime.” I declare under penalty of perjury that this statement is true to the best of my knowledge. I understand that giving false or misleading statements about material fact regarding this matter constitutes a crime.

________________________________ _________________________________

(Signature of Business Representative)* (Date)

*Must be an authorized signatory for the Business. The representations made in checking the boxes constitutes a material representation by the business that is subject to protest and may result in denial of an award or termination of award of the procurement involved if the statements are proven to be incorrect.




60-690-15-13274

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REQUEST FOR PROPOSALS (RFP) Children’s Trust Fund · PDF file ·...

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